Bliss Brands (Pty) Ltd v Colgate Palmolive (Pty) Ltd and Others (2024/095598) [2025] ZAGPJHC 654 (28 February 2025)

Bliss Brands (Pty) Ltd v Colgate Palmolive (Pty) Ltd and Others (2024/095598) [2025] ZAGPJHC 654 (28 February 2025)

The court found that Colgate had established exceptional circumstances justifying enforcement of the Manoim J order pending appeal. The litigation history demonstrated Bliss’s persistent non-compliance and repeated introduction of packaging with only minor changes, amounting to ongoing infringement of Colgate’s goodwill. The court held that Colgate would suffer irreparable harm if enforcement was not granted, as it would be deprived of its rights to enforce the ARB rulings and the Manoim J order, and Bliss would continue to benefit commercially from its conduct. Bliss failed to demonstrate any irreparable harm to itself, having had ample opportunity to amend its packaging and not being...

Citation
[2025] ZAGPJHC 654
Parties
Appellant: Bliss Brands (Pty) Ltd; Respondent: Colgate-Palmolive (Pty) Ltd; Respondent: Colgate-Palmolive Company; Respondent: Advertising Regulatory Board NPC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2025
Case Number
2024/095598
Procedural Posture
Civil Appeal / Appeal Against Enforcement Order Under S 18(3) of the Superior Courts Act
Outcome
Appeal dismissed with costs, including costs of two counsel on scale C.
Judges
Adams, Dippenaar, Botsi-Thulare
Legal Topics
Enforcement of Judgments, Exceptional Circumstances, Irreparable Harm, Advertising Regulation, Passing Off, Balance of Convenience
Commercial and Corporate Civil Procedure Enforcement of Judgments Exceptional Circumstances Irreparable Harm Advertising Regulation Passing Off Balance of Convenience

Case Brief

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Parties

Bliss Brands (Pty) Ltd

Appellant

Colgate-Palmolive (Pty) Ltd

Respondent

Colgate-Palmolive Company

Respondent

Advertising Regulatory Board NPC

Respondent

Procedural Posture

Civil Appeal / Appeal Against Enforcement Order Under S 18(3) of the Superior Courts Act

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify enforcement of the Manoim J order pending appeal under s 18(3) of the Superior Courts Act.
  2. 2 Whether Colgate has established irreparable harm if enforcement is not granted.
  3. 3 Whether Bliss will suffer irreparable harm if enforcement is granted.

Ratio Decidendi

The court found that Colgate had established exceptional circumstances justifying enforcement of the Manoim J order pending appeal. The litigation history demonstrated Bliss’s persistent non-compliance and repeated introduction of packaging with only minor changes, amounting to ongoing infringement of Colgate’s goodwill. The court held that Colgate would suffer irreparable harm if enforcement was not granted, as it would be deprived of its rights to enforce the ARB rulings and the Manoim J order, and Bliss would continue to benefit commercially from its conduct. Bliss failed to demonstrate any irreparable harm to itself, having had ample opportunity to amend its packaging and not being...

Court Disposition

Appeal dismissed with costs, including costs of two counsel on scale C.

Orders

  • The appeal is dismissed with costs, such costs to include the costs consequent upon the employment of two counsel, one being senior counsel, on scale C.