Stable Brands (Pty) Ltd v LA Group (Pty) Ltd and Another (33268/18) [2019] ZAGPPHC 568 (29 November 2019)

Stable Brands (Pty) Ltd v LA Group (Pty) Ltd and Another (33268/18) [2019] ZAGPPHC 568 (29 November 2019)

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.

Citation
[2019] ZAGPPHC 568
Parties
Applicant: Stable Brands (Pty) Ltd; Respondent: LA Group (Pty) Ltd; Respondent: The Registrar of Trade Marks
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2019
Case Number
33268/18
Procedural Posture
Civil Application / Addendum to Judgment
Outcome
Addendum order granted directing the Registrar of Trade Marks to rectify the Trade Mark Register in accordance with the previous orders.
Judges
C J van der Westhuizen
Legal Topics
Trade Mark Rectification, Trade Mark Register, Court Order Amendment
Intellectual Property Trade Mark Rectification Trade Mark Register Court Order Amendment

Case Brief

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Parties

Stable Brands (Pty) Ltd

Applicant

LA Group (Pty) Ltd

Respondent

The Registrar of Trade Marks

Respondent

Procedural Posture

Civil Application / Addendum to Judgment

Legal Issues

  1. 1 Whether the Registrar of Trade Marks should be directed to rectify the Trade Mark Register in accordance with the court's previous orders.

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.

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.