Kawasaki Robotics GmbH and Another v Directech (43250/2020) [2022] ZAGPJHC 991 (12 December 2022)

Kawasaki Robotics GmbH and Another v Directech (43250/2020) [2022] ZAGPJHC 991 (12 December 2022)

The court found that the respondent's challenge to the applicants' authority was not properly raised under Rule 7 and was therefore dismissed. The applicants established registration of the trademarks and withdrawal of consent for their use. However, the court identified material disputes of fact regarding whether the respondent continued to use the trademarks after consent was withdrawn and whether such use constituted infringement. These disputes could not be resolved on affidavit and required oral evidence. The court held that, in the interests of justice, the matter should be referred for oral evidence to determine the alleged infringements. Costs were reserved to be determined after...

Citation
[2022] ZAGPJHC 991
Parties
Applicant: Kawasaki Robotics GmbH; Applicant: Kawasaki Jukogyo Kubushi Kaisha; Respondent: Directech
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 December 2022
Case Number
43250/2020
Procedural Posture
Urgent Application / Referral for Oral Evidence After Opposed Application
Outcome
Application referred for oral evidence; costs reserved.
Judges
Ally
Legal Topics
Trademark Infringement, Registered User Vs Permitted User, Interdict Requirements, Dispute of Fact, Oral Evidence Referral
Intellectual Property Civil Procedure Trademark Infringement Registered User Vs Permitted User Interdict Requirements Dispute of Fact Oral Evidence Referral

Case Brief

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Parties

Kawasaki Robotics GmbH

Applicant

Kawasaki Jukogyo Kubushi Kaisha

Applicant

Directech

Respondent

Procedural Posture

Urgent Application / Referral for Oral Evidence After Opposed Application

Legal Issues

  1. 1 Whether the respondent infringed the applicants' registered trademarks after termination of consent.
  2. 2 Whether the first applicant has locus standi to institute proceedings for trademark infringement as a permitted user.
  3. 3 Whether factual disputes regarding alleged infringements require referral for oral evidence.

Ratio Decidendi

The court found that the respondent's challenge to the applicants' authority was not properly raised under Rule 7 and was therefore dismissed. The applicants established registration of the trademarks and withdrawal of consent for their use. However, the court identified material disputes of fact regarding whether the respondent continued to use the trademarks after consent was withdrawn and whether such use constituted infringement. These disputes could not be resolved on affidavit and required oral evidence. The court held that, in the interests of justice, the matter should be referred for oral evidence to determine the alleged infringements. Costs were reserved to be determined after...

Court Disposition

Application referred for oral evidence; costs reserved.

Orders

  • The question of whether the respondent has infringed the trademarks as alleged by the applicant is referred for oral evidence.
  • The costs of this application shall be costs in the cause.