Yossi Barel v Popular Trading CC and Others (1102/2023) [2025] ZASCA 94 (23 June 2025)

Yossi Barel v Popular Trading CC and Others (1102/2023) [2025] ZASCA 94 (23 June 2025)

The majority held that counterfeiting under South African law requires more than mere trademark infringement; it demands a deliberate and fraudulent intent to deceive or pass off goods as those of another. Popular Trading's goods were authentic, sourced directly from the original Italian manufacturer, and lacked any intent to deceive the public or pass off the goods as those of Mr Barel. The evidence did not establish that Popular Trading intended its goods to be confused with or taken as being Mr Barel's goods. Mere knowledge of Mr Barel's trademark registration did not convert the continued importation and distribution of authentic goods into counterfeiting. The court found that the...

Citation
[2025] ZASCA 94
Parties
Appellant: Yossi Barel; Respondent: Popular Trading CC; Respondent: The Minister of Police; Respondent: Shaun Hutcheon Carslow N O; Respondent: Captain L W Tancrel N O
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 June 2025
Case Number
1102/2023
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Durban
Outcome
Appeal dismissed with costs, including the costs of two counsel where so employed.
Judges
Hughes, Kgoele, Unterhalter, Coppin, Bloem
Legal Topics
Counterfeit Goods Act, Trade Mark Infringement, Mens Rea in Counterfeiting, Search and Seizure, Deliberate Infringement
Intellectual Property Counterfeit Goods Act Trade Mark Infringement Mens Rea in Counterfeiting Search and Seizure Deliberate Infringement

Case Brief

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Parties

Yossi Barel

Appellant

Popular Trading CC

Respondent

The Minister of Police

Respondent

Shaun Hutcheon Carslow N O

Respondent

Captain L W Tancrel N O

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal Division of the High Court, Durban

Legal Issues

  1. 1 Whether the seized goods are counterfeit goods as contemplated in the Counterfeit Goods Act.
  2. 2 Whether counterfeiting requires a deliberate intent to deceive or pass off goods as those of another.
  3. 3 Whether mere trademark infringement constitutes counterfeiting under South African law.

Ratio Decidendi

The majority held that counterfeiting under South African law requires more than mere trademark infringement; it demands a deliberate and fraudulent intent to deceive or pass off goods as those of another. Popular Trading's goods were authentic, sourced directly from the original Italian manufacturer, and lacked any intent to deceive the public or pass off the goods as those of Mr Barel. The evidence did not establish that Popular Trading intended its goods to be confused with or taken as being Mr Barel's goods. Mere knowledge of Mr Barel's trademark registration did not convert the continued importation and distribution of authentic goods into counterfeiting. The court found that the...

Court Disposition

Appeal dismissed with costs, including the costs of two counsel where so employed.

Orders

  • The appeal is dismissed with costs, such costs to include the costs of two counsel, where so employed.