Morris Material Handling Limited v Morris Material Handling SA (Pty) Ltd (829/2017) [2018] ZASCA 67; 2018 BIP 278 (SCA) (25 May 2018)

Morris Material Handling Limited v Morris Material Handling SA (Pty) Ltd (829/2017) [2018] ZASCA 67; 2018 BIP 278 (SCA) (25 May 2018)

The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving bona fide use of the MORRIS trade mark by the registered proprietor during the relevant period. The evidence presented was ambiguous and lacked clear documentary proof, such as sales contracts, invoices, or financial records, demonstrating use of the mark by the appellant. The documents relied upon showed collective advertising of various brands within the Konecranes group, but did not establish specific use of the MORRIS mark by the appellant. The appellant did not adequately respond to the respondent's challenge regarding the existence of an internal arrangement authorising distribution of MORRIS...

Citation
[2018] ZASCA 67
Parties
Appellant: Morris Material Handling Limited; Respondent: Morris Material Handling SA (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 2018
Case Number
829/2017
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Maya, Majiedt, Wallis, Dambuza, Van der Merwe
Legal Topics
Trade Mark Expungement, Non Use of Trade Mark, Bona Fide Use, Onus of Proof, Trade Mark Registration
Intellectual Property Trade Mark Expungement Non Use of Trade Mark Bona Fide Use Onus of Proof Trade Mark Registration

Case Brief

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Parties

Morris Material Handling Limited

Appellant

Morris Material Handling SA (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appellant's registered trade mark MORRIS should be expunged from the register for non-use under section 27(1)(b) of the Trade Marks Act.
  2. 2 Whether there was bona fide use of the mark by the proprietor during the relevant period.
  3. 3 Whether the use evidenced was by the registered proprietor or another entity.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving bona fide use of the MORRIS trade mark by the registered proprietor during the relevant period. The evidence presented was ambiguous and lacked clear documentary proof, such as sales contracts, invoices, or financial records, demonstrating use of the mark by the appellant. The documents relied upon showed collective advertising of various brands within the Konecranes group, but did not establish specific use of the MORRIS mark by the appellant. The appellant did not adequately respond to the respondent's challenge regarding the existence of an internal arrangement authorising distribution of MORRIS...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel.