South African Junior Golf Association and Another v Registrar of Companies and Another, South African Golf Association v South African Junior Golf Association and Others (7187/08) [2009] ZAWCHC 174; 2009 BIP 204 (WCC) (9 November 2009)

South African Junior Golf Association and Another v Registrar of Companies and Another, South African Golf Association v South African Junior Golf Association and Others (7187/08) [2009] ZAWCHC 174; 2009 BIP 204 (WCC) (9 November 2009)

The court found that the name 'South African Junior Golf Association' is sufficiently distinguished from 'South African Golf Association' by the addition of 'Junior', and that both organisations serve different sectors of the golfing fraternity. There was no evidence of actual public confusion, and the respondent cannot monopolise generic terms such as 'South African', 'Golf', or 'Association'. The Registrar's directive lacks statutory force and does not apply to unincorporated associations. Regarding the trade mark, the respondent failed to show a protectable reputation or likelihood of confusion, as the services offered by both parties are directed at different groups. The application...

Citation
[2009] ZAWCHC 174
Parties
Applicant: South African Junior Golf Association; Applicant: Johan Engelbrecht; Respondent: Registrar of Companies; Respondent: South African Golf Association; Respondent: Registrar of Trade Marks
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 November 2009
Case Number
7187/08
Procedural Posture
Review Application / Judgment
Outcome
The application to set aside the Registrar's order is granted. The counter application for expungement and interdict is dismissed.
Judges
Traverso
Legal Topics
Company Name Objection, Trade Mark Expungement, Likelihood of Confusion, Section 21 Company, Rectification of Register
Commercial and Corporate Intellectual Property Company Name Objection Trade Mark Expungement Likelihood of Confusion Section 21 Company Rectification of Register

Case Brief

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Parties

South African Junior Golf Association

Applicant

Johan Engelbrecht

Applicant

Registrar of Companies

Respondent

South African Golf Association

Respondent

Registrar of Trade Marks

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the name 'South African Junior Golf Association' is undesirable and confusingly similar to 'South African Golf Association'.
  2. 2 Whether the Registrar of Companies' order to change the applicant's name should be set aside.
  3. 3 Whether the trade mark 'South African Junior Golf Association' should be expunged from the register.

Ratio Decidendi

The court found that the name 'South African Junior Golf Association' is sufficiently distinguished from 'South African Golf Association' by the addition of 'Junior', and that both organisations serve different sectors of the golfing fraternity. There was no evidence of actual public confusion, and the respondent cannot monopolise generic terms such as 'South African', 'Golf', or 'Association'. The Registrar's directive lacks statutory force and does not apply to unincorporated associations. Regarding the trade mark, the respondent failed to show a protectable reputation or likelihood of confusion, as the services offered by both parties are directed at different groups. The application...

Court Disposition

The application to set aside the Registrar's order is granted. The counter application for expungement and interdict is dismissed.

Orders

  • The order of the first respondent in terms of Section 45(2) of the Companies Act, 61 of 1973, directing the first applicant to change its name is set aside.
  • The second respondent is ordered to pay the costs of the application.