Oracle International Corporation and Another v Black Oracle Consortium (Pty) Ltd and Others (26133/2020)
Oracle International Corporation and Another v Black Oracle Consortium (Pty) Ltd and Others (26133/2020) [2023] ZAGPPHC 2062 (10 October 2023)
The court found that the Respondents' use of 'Black Oracle' and 'Black Oracle Consortium' in their company and domain names constitutes trade mark infringement under section 34(1)(a) of the Trade Marks Act. The dominant feature 'Oracle' is distinctive and the addition of 'Black' or 'Consortium' does not sufficiently distinguish the Respondents' mark from the Applicants'. The Respondents operate in the same IT sector, and their use of the mark is likely to deceive or confuse consumers into believing there is an association or connection with the Applicants. The Respondents' conduct also amount…
Source excerpt
- Trade Mark Infringement
- Passing Off
- Company Name Dispute
- Abusive Domain Registration
- Unlawful Competition
- Consumer Protection