PPI Makelaars and Another v Professional Provident Society of South Africa (249/96) [1997] ZASCA 88; [1997] 4 All SA 444 (A) (29 September 1997)

PPI Makelaars and Another v Professional Provident Society of South Africa (249/96) [1997] ZASCA 88; [1997] 4 All SA 444 (A) (29 September 1997)

The Supreme Court of Appeal held that the Witwatersrand Local Division had jurisdiction to hear the trade mark infringement action, as the alleged delict occurred within its area and no statutory provision limited jurisdiction to the Transvaal Provincial Division. The definition of 'court' in the Trade Marks Act must be interpreted contextually, and the proviso allows other divisions to grant relief in infringement proceedings. On the merits, the court found that the appellants' oval logo, despite certain differences, shared dominant features with the respondent's marks—abbreviated names, curvilinear shapes, descriptive wording, and corporate colour—likely to cause confusion among...

Citation
[1997] ZASCA 88
Parties
Appellant: PPI Makelaars; Appellant: Pieter D J Jacobs; Respondent: Professional Provident Society of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 1997
Case Number
249/96
Procedural Posture
Civil Appeal / Appeal From Witwatersrand Local Division; Leave to Appeal Granted
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Harms, Marais, Schutz, Zulman, Plewman
Legal Topics
Trade Mark Infringement, Likelihood of Confusion, Jurisdiction of High Courts, Service Marks, Interdicts
Intellectual Property Civil Procedure Trade Mark Infringement Likelihood of Confusion Jurisdiction of High Courts Service Marks Interdicts

Case Brief

Summary, issues, holding and outcome

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Parties

PPI Makelaars

Appellant

Pieter D J Jacobs

Appellant

Professional Provident Society of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From Witwatersrand Local Division; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the Witwatersrand Local Division had jurisdiction to grant an interdict for trade mark infringement under the Trade Marks Act 194 of 1993.
  2. 2 Whether the appellants' oval logo infringed the respondent's registered trade marks by causing likelihood of deception or confusion.
  3. 3 Whether the interdict should extend to both the device mark and the letter mark 'PPS'.

Ratio Decidendi

The Supreme Court of Appeal held that the Witwatersrand Local Division had jurisdiction to hear the trade mark infringement action, as the alleged delict occurred within its area and no statutory provision limited jurisdiction to the Transvaal Provincial Division. The definition of 'court' in the Trade Marks Act must be interpreted contextually, and the proviso allows other divisions to grant relief in infringement proceedings. On the merits, the court found that the appellants' oval logo, despite certain differences, shared dominant features with the respondent's marks—abbreviated names, curvilinear shapes, descriptive wording, and corporate colour—likely to cause confusion among...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including those consequent upon the employment of two counsel.
  • The interdict restraining the appellants, their servants or agents, from infringing the respondent's rights in Trade Mark Registration Nos. 89/8358 and 89/8658 PPS in class 36 is confirmed.