Stable Brands (Pty) Ltd v LA Group (Pty) Ltd and Another (33268/18) [2019] ZAGPPHC 568 (29 November 2019)
- Citation
- [2019] ZAGPPHC 568
- Status
- Order
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- C J van der Westhuizen
- Case number
- 33268/18
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- C J van der Westhuizen
- Case number
- 33268/18
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court recognized that its earlier judgment omitted a necessary directive to the Registrar of Trade Marks to effect the rectification of the Trade Mark Register as ordered. To ensure the judgment is properly implemented and the relief is effective, the court issued an addendum order directing the Registrar to rectify the register in accordance with the previously granted prayers.
Court disposition
Addendum order granted directing the Registrar of Trade Marks to rectify the Trade Mark Register in accordance with the previous orders.
Orders
- The Registrar of Trade Marks is directed to rectify the Trade Mark Register in accordance with prayers 1 through to 6 of the order granted on 29 November 2019.
02
Material facts
Parties
Stable Brands (Pty) Ltd
Applicant Counsel: L Bowman SC, Ms I JoubertLA Group (Pty) Ltd
Respondent Counsel: P Ginsburg SC, Ms P CironeThe Registrar of Trade Marks
Respondent03
Procedural history
Posture
Civil Application / Addendum to Judgment
04
Questions and positions
Legal issues
Whether the Registrar of Trade Marks should be directed to rectify the Trade Mark Register in accordance with the court's previous orders.
Party arguments
- Applicant
- The applicant sought an order directing the Registrar of Trade Marks to rectify the Trade Mark Register in accordance with the prayers previously granted by the court, arguing that such rectification is necessary to give effect to the judgment.
- Respondent
- The respondents did not oppose the addendum order, as it merely implements the relief already granted in the main judgment.
05
Court’s reasoning
Legal principles
- 01
Common law; see also Rule 42 of the Uniform Rules of Court
A court may amend its order to ensure that the relief granted is properly implemented, including directing administrative officials to perform necessary acts.
06
Ratio, limits and disposition
Ratio decidendi
The court recognized that its earlier judgment omitted a necessary directive to the Registrar of Trade Marks to effect the rectification of the Trade Mark Register as ordered. To ensure the judgment is properly implemented and the relief is effective, the court issued an addendum order directing the Registrar to rectify the register in accordance with the previously granted prayers.
Obiter and limits
- Courts should ensure that their orders are clear and capable of implementation by the relevant administrative officials.
- Rectification of the Trade Mark Register is a necessary administrative step following a substantive judgment affecting registered rights.
Court disposition
Addendum order granted directing the Registrar of Trade Marks to rectify the Trade Mark Register in accordance with the previous orders.
- The Registrar of Trade Marks is directed to rectify the Trade Mark Register in accordance with prayers 1 through to 6 of the order granted on 29 November 2019.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Order
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
(1) REPORTABLE: YES/NO
(2) OF INTEREST TO OTHER JUDGES: YES/NO
(3)
REVISED
CASE NO.: 33268/18
In the (counter-application) matter between:
STABLE BRANDS (PTY) LTD Applicant and LA GROUP (PTY) LTD
THE REGISTRAR OF TRADE MARKS First Respondent Second Respondent
ADDENDUM TO JUDGMENT DATED 29 NOVEMBER 2019
VAN DER WESTHUIZEN, J
[1] In this matter I delivered a written judgment this morning. On leaving the court, it struck me that I omitted to include a prayer directing the Registrar of Trade Marks to rectify the Trade Mark Register in accordance with prayers 1 through to 6 of the order granted.
[2] I hereby amend and add to the order granted in this matter on 29 November 2019 the order set out below.
I grant the following order:
8. The Registrar of Trade Marks is directed to rectify the Trade Mark register in accordance with prayers 1 through to 6 of the order granted therein.
C J VAN DER WESTHUIZEN
JUDGE OF THE HIGH COURT
On behalf of Applicant: L Bowman SC
Ms I Joubert
Instructed by:
Spoor & Fisher
On behalf of Respondent: P Ginsburg SC
Ms P Cirone
Instructed by:
Adams & Adams
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