CCG Australasia (Pty) Ltd and Another v Cable Gland Company (Pty) Ltd (2014/42807) [2015] ZAGPJHC 249; 2015 BIP 343 (GJ) (6 November 2015)

CCG Australasia (Pty) Ltd and Another v Cable Gland Company (Pty) Ltd (2014/42807) [2015] ZAGPJHC 249; 2015 BIP 343 (GJ) (6 November 2015)

The court found that while the marks are visually distinct when viewed side by side, the risk of confusion becomes material when the marks are viewed separately or pronounced aurally, due to imperfect recollection and the close similarity in sound. The court rejected the respondent's argument that only knowledgeable customers would purchase the products, holding that a wider class of consumers must be considered. The court concluded that the respondent's use of the marks CGCO, CG-Co, and CCGo/CGC Logo is likely to cause confusion or deception in terms of section 34(1)(a) of the Trade Marks Act. Accordingly, the respondent was interdicted from using the infringing marks and ordered to...

Citation
[2015] ZAGPJHC 249
Parties
Applicant: CCG Australasia (Pty) Ltd; Applicant: CCG Cable Terminations (Pty) Ltd; Respondent: Cable Gland Company (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 November 2015
Case Number
2014/42807
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted. The respondent is interdicted from infringing the applicant's registered trade marks and ordered to remove or destroy all infringing materials. Costs awarded to the applicants.
Judges
Roland Sutherland
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Section 34 Trade Marks Act, Passing Off, Visual and Aural Similarity
Intellectual Property Commercial and Corporate Trade Mark Infringement Likelihood of Confusion Section 34 Trade Marks Act Passing Off Visual and Aural Similarity

Case Brief

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Parties

CCG Australasia (Pty) Ltd

Applicant

CCG Cable Terminations (Pty) Ltd

Applicant

Cable Gland Company (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the respondent's use of the marks CGCO, CG-Co, and CCGo/CGC Logo infringes the applicant's registered trade mark CCG under section 34(1)(a) of the Trade Marks Act.
  2. 2 Whether the similarity between the marks is likely to cause deception or confusion among consumers.
  3. 3 Whether the risk of confusion is material when the marks are viewed separately or pronounced aurally.

Ratio Decidendi

The court found that while the marks are visually distinct when viewed side by side, the risk of confusion becomes material when the marks are viewed separately or pronounced aurally, due to imperfect recollection and the close similarity in sound. The court rejected the respondent's argument that only knowledgeable customers would purchase the products, holding that a wider class of consumers must be considered. The court concluded that the respondent's use of the marks CGCO, CG-Co, and CCGo/CGC Logo is likely to cause confusion or deception in terms of section 34(1)(a) of the Trade Marks Act. Accordingly, the respondent was interdicted from using the infringing marks and ordered to...

Court Disposition

Application granted. The respondent is interdicted from infringing the applicant's registered trade marks and ordered to remove or destroy all infringing materials. Costs awarded to the applicants.

Orders

  • The respondent is interdicted and restrained from infringing trade mark registrations nos. B1977/03211 CCG in class 6 and 1984/08490 CCG in class 17 by using the marks CGCO, CG-Co and CCGo/CGC Logo, or any other marks so similar thereto as to be likely to cause deception or confusion in terms of section 34(1)(a) of...
  • The respondent is ordered in terms of section 34(3)(b) of the Trade Marks Act, in the presence of an authorised agent of the first applicant, to remove the infringing marks from all materials in its possession or under its control, or if inseparable, to destroy all such materials, including pricelists, labels,...