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South Africa Case Law

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Intellectual Property [2017] ZAGPPHC 402

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243)

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243) [2017] ZAGPPHC 402; 2017 BIP 194 (GP) (28 July 2017)

Court
North Gauteng High Court, Pretoria
Case number
2013/76243
Judge
L Adams

The court held that the applicant failed to exhaust internal remedies provided under the ECT Act regulations, specifically the appeal process, before approaching the High Court. Regulation 11(1) does not permit bypassing these remedies; it only allows for parallel litigation on related matters, such as trade mark infringement, not direct review of the adjudicator's decision. The application is therefore premature and the court lacks jurisdiction. Alternatively, the doctrine of res judicata applies, as the adjudicator's decision on the same issue between the same parties precludes further liti…

Source excerpt

  • Domain Name Disputes
  • Abusive Registration
  • Exhaustion Of Internal Remedies
  • Res Judicata
  • Trade Mark Rights
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Intellectual Property [2015] ZAWCHC 111

Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013)

Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013) [2015] ZAWCHC 111; 2015 BIP 520 (WCC) (21 August 2015)

Court
Western Cape High Court, Cape Town
Case number
20884/2013
Judge
J Cloete

The applicant established substantial reputation and goodwill in the ENZYME PROCESS trade mark in South Africa since 1995, predating any involvement by the respondents. The respondents' use of the ENZYME PROCESS mark and similar marks, including on goods not supplied by the applicant, was likely to cause confusion and deception among customers. The trade mark registrations by the second respondent were made without bona fide claim to proprietorship and in bad faith, warranting cancellation under the Trade Marks Act. The first respondent's company name, ENZYME PROCESS AFRICA, is confusingly si…

Source excerpt

  • Passing Off
  • Trade Mark Expungement
  • Company Name Dispute
  • Domain Name Transfer
  • Bona Fide Proprietorship
  • Abusive Registration
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.