Miele ET CIE Gmbh & Co v Euro Electrical (Pty) Ltd. (1/88) [1988] ZASCA 1; [1988] 2 All SA 244 (A) (1 November 1987)

Miele ET CIE Gmbh & Co v Euro Electrical (Pty) Ltd. (1/88) [1988] ZASCA 1; [1988] 2 All SA 244 (A) (1 November 1987)

The Supreme Court of Appeal held that Euro Electrical's continued use of the trade name 'Miele' or 'Miele Appliances' after the cancellation of the distributorship agreement constituted unauthorized use of Miele's registered trade marks in the course of trade, otherwise than as a trade mark, in relation to goods for which the trade mark is registered. The court found that such use was likely to convey to the public an association between Euro Electrical and Miele, thereby prejudicing Miele by placing its reputation and goodwill in the hands of a party over whom it had no control. The court concluded that all requirements for infringement under section 44(1)(b) of the Trade Marks Act were...

Citation
[1988] ZASCA 1
Parties
Appellant: Miele ET CIE GmbH & CO; Respondent: Euro Electrical (Proprietary) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 November 1987
Case Number
1/88
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Interdict in the Transvaal Provincial Division
Outcome
Appeal allowed. The order of the court a quo is set aside and replaced with an interdict restraining Euro Electrical from infringing Miele's registered trade marks.
Judges
Corbett, Botha, Smalberger, Vivibr, Nicholas
Legal Topics
Trade Mark Infringement, Unauthorized Use of Mark, Likelihood of Confusion, Injury or Prejudice, Trade Name Usage
Intellectual Property Commercial and Corporate Trade Mark Infringement Unauthorized Use of Mark Likelihood of Confusion Injury or Prejudice Trade Name Usage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Miele ET CIE GmbH & CO

Appellant

Euro Electrical (Proprietary) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Interdict in the Transvaal Provincial Division

Legal Issues

  1. 1 Whether Euro Electrical's continued use of the trade name 'Miele' or 'Miele Appliances' after cancellation of the distributorship agreement constitutes infringement of Miele's registered trade marks under section 44(1)(b) of the Trade Marks Act.
  2. 2 Whether such use was unauthorized, in the course of trade, otherwise than as a trade mark, in relation to goods for which the trade mark is registered, and likely to cause injury or prejudice to Miele.

Ratio Decidendi

The Supreme Court of Appeal held that Euro Electrical's continued use of the trade name 'Miele' or 'Miele Appliances' after the cancellation of the distributorship agreement constituted unauthorized use of Miele's registered trade marks in the course of trade, otherwise than as a trade mark, in relation to goods for which the trade mark is registered. The court found that such use was likely to convey to the public an association between Euro Electrical and Miele, thereby prejudicing Miele by placing its reputation and goodwill in the hands of a party over whom it had no control. The court concluded that all requirements for infringement under section 44(1)(b) of the Trade Marks Act were...

Court Disposition

Appeal allowed. The order of the court a quo is set aside and replaced with an interdict restraining Euro Electrical from infringing Miele's registered trade marks.

Orders

  • The respondent, its agents and servants are interdicted and restrained from infringing the applicant's registered trade marks Nos B72/3689, B72/3690, B72/3691, B72/3692, B78/3272, B78/3273, B78/3274 and B78/3275 in terms of section 44(1)(b) of the Trade Marks Act No 62 of 1963, by using the names 'Miele Appliances'...
  • The respondent is ordered to pay the costs of the application, including the costs of two counsel.