Casadobe Props 60 (Pty) Ltd v Fratelli Martini Secondo Luigi SpA (759/2023) [2025] ZASCA 14 (25 February 2025)

Casadobe Props 60 (Pty) Ltd v Fratelli Martini Secondo Luigi SpA (759/2023) [2025] ZASCA 14 (25 February 2025)

The Supreme Court of Appeal held that although CANTO and CANTI share the first four letters and are both five letters long, the difference in the final letter ('O' vs 'I') is significant and fundamentally distinguishes the marks visually, aurally, and conceptually. The average consumer of wines and sparkling wines is discerning and exercises a greater degree of care in making purchases, which further reduces the likelihood of confusion or deception. The marks would be encountered in different sections of retail outlets, with CANTO on South African wines and CANTI on imported Italian wines. The Court found that the high court erred in finding the marks confusingly similar and that the...

Citation
[2025] ZASCA 14
Parties
Appellant: Casadobe Props 60 (Pty) Ltd; Respondent: Fratelli Martini Secondo Luigi SpA
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 February 2025
Case Number
759/2023
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court
Outcome
Appeal upheld; order of the high court set aside and replaced with dismissal of the application with costs.
Judges
Dambuza, Mokgohloa, Nicholls, Dolamo, Naidoo
Legal Topics
Trade Mark Opposition, Likelihood of Confusion, Visual Aural Conceptual Similarity, Trade Marks Act Section 10 14, Trade Marks Act Section 34 1 a
Intellectual Property Trade Mark Opposition Likelihood of Confusion Visual Aural Conceptual Similarity Trade Marks Act Section 10 14 Trade Marks Act Section 34 1 a

Case Brief

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Parties

Casadobe Props 60 (Pty) Ltd

Appellant

Fratelli Martini Secondo Luigi SpA

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court

Legal Issues

  1. 1 Whether the trade marks CANTO and CANTI are confusingly or deceptively similar as contemplated by section 10(14) of the Trade Marks Act.
  2. 2 Whether the use of CANTO in relation to wines and sparkling wines is likely to deceive or cause confusion among consumers.
  3. 3 Whether the single letter difference between CANTO and CANTI is sufficient to distinguish the marks.

Ratio Decidendi

The Supreme Court of Appeal held that although CANTO and CANTI share the first four letters and are both five letters long, the difference in the final letter ('O' vs 'I') is significant and fundamentally distinguishes the marks visually, aurally, and conceptually. The average consumer of wines and sparkling wines is discerning and exercises a greater degree of care in making purchases, which further reduces the likelihood of confusion or deception. The marks would be encountered in different sections of retail outlets, with CANTO on South African wines and CANTI on imported Italian wines. The Court found that the high court erred in finding the marks confusingly similar and that the...

Court Disposition

Appeal upheld; order of the high court set aside and replaced with dismissal of the application with costs.

Orders

  • The appeal is upheld with costs, including the costs of two counsel.
  • The order of the high court is set aside and replaced with: 'The application is dismissed with costs.'