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South Africa decisions
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Bliss Brands (Pty) Ltd v Colgate Palmolive (Pty) Ltd and Others (2024/095598) [2025] ZAGPJHC 654 (28 February 2025)
Appeal dismissed against an enforcement order under section 18(3) of the Superior Courts Act, after the court found exceptional circumstances and irreparable harm.
Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2025] ZAGPJHC 38 (27 January 2025)
The High Court granted leave to appeal, leave to cross-appeal, and section 18(3) relief in long-running Colgate v Bliss packaging litigation.
Colgate-Palmolive (Pty) Ltd and Another v Bliss Brands (Pty) Ltd and Another (095598/2024) [2024] ZAGPJHC 1089 (11 October 2024)
The court found that Bliss Brands failed to comply with the order of Manoim J, as the changes made to the Securex packaging were merely cosmetic and did not materially distinguish the new packaging from the old offending packaging. Bliss also continued to advertise the old packaging online, including on its own website. Bliss did not discharge the evidentiary burden to rebut the presumption of wilfulness and mala fides. Consequently, Bliss was found to be in contempt of court. The court further held that Bliss should be precluded from proceeding with its own application until it purges its co…
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Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC & others (22061/2020) [2021] ZAGPJHC 57; [2021] HIPR 173 (GJ) (21 May 2021)
The court held that the ARB's exercise of public power over non-members is unconstitutional because it is not sourced in law, violating the principle of legality. The ad-alert mechanism, which compels ARB members to refuse advertising from non-members subject to ARB rulings, constitutes an unlawful restraint of trade and infringes property rights. The ARB's procedures under clauses 8 and 9 of its Code mirror legal disputes such as passing-off, copyright, and trade mark infringement, which should be adjudicated by courts or independent tribunals as required by section 34 of the Constitution. T…
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Medical Nutritional Institute (Pty) Limited v Advertisings Standard Authority (15/30142) [2015] ZAGPJHC 317 (18 September 2015)
The High Court granted an interim interdict restraining the Advertising Standards Authority from sanctions and adverse publications against a non-member advertiser pending trial.
National Credit Regulator v City Finance (NCT/22130/2015/55(6) NCA) [2015] ZANCT 14 (2 July 2015)
The National Consumer Tribunal declared City Finance’s advertising conduct prohibited, interdicted further contraventions, and made no costs order.
Boycott, Divestment And Sanctions South Africa and Another v Continental Outdoor Media (Pty) Ltd and Others (2013/19700) [2014] ZAGPJHC 200; 2015 (1) SA 462 (GJ); [2014] 4 All SA 347 (GJ) (11 September 2014)
The High Court held that removal of a Palestinian campaign billboard breached contract and freedom of expression, and struck down part of a Johannesburg by-law.
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