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South Africa decisions
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Woodlands Dairy Proprietary Limited v Sansom Farming CC and Others (2022/056524) [2025] ZAGPPHC 298 (10 March 2025)
Court dismissed a trade mark and passing-off application over FIRST CHOICE and FRESH CHOICE dairy marks, finding the composite marks not confusingly similar.
National Brands Limited v Cape Cookies CC and Another (309/2022 ; 567/2022) [2023] ZASCA 93; 2023] 3 All SA 363 (SCA); 2024 (2) SA 296 (SCA); 2023 BIP 7 (SCA) (12 June 2023)
The Supreme Court of Appeal held that section 10(17) of the Trade Marks Act is not limited to non-similar goods and applies to similar goods as well. The court found that SNACKCRAX is similar to SALTICRAX, with 'CRAX' being a distinctive and dominant component not shown to be a common or descriptive term. The evidence established that SALTICRAX is a well-known mark with significant reputation and goodwill. The court concluded that registration of SNACKCRAX would likely take unfair advantage of the distinctive character and repute of SALTICRAX, as Cape Cookies would benefit from National Brand…
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ICollege (Pty) Ltd v Xcellence Skills Development and Mentorship CC and Another (40105/2019) [2021] ZAGPPHC 463 (19 July 2021)
The court found that while both parties use the 'iCollege' mark in relation to education and training services, the applicant failed to prove that the respondent's use is likely to deceive or cause confusion among a substantial number of notional customers. The word 'college' is a commonplace, descriptive term, and the addition of the prefix 'i' does not render it distinctive enough to serve as a badge of origin. The applicant did not provide evidence of actual confusion or demonstrate that the respondent's services are materially connected to its own. The differences in teaching methods, acc…
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Yuppichef Holdings (Pty) Ltd v Yuppie Gadgets Holdings (Pty) Ltd (1088/2015) [2016] ZASCA 118; 2016 BIP 269 (SCA) (15 September 2016)
The SCA dismissed Yuppiechef’s appeal, holding that Yuppie Gadgets’ online retail use of its name did not infringe the registered mark or amount to passing off.
South African Breweries International (Finance) B.V. t/a Sabmark International v Laugh It Off Promotions (3271/2002) [2003] ZAWCHC 100; [2003] 2 All SA 454 (C); 2003 BIP 83 (C) (16 April 2003)
The court found that the respondent's mark bore a marked resemblance to the applicant's registered trade marks and was used without authorisation in the course of trade for commercial gain. The applicant's marks were well-known, supported by substantial sales and advertising. The respondent's parody was not a harmless pun but introduced racially inflammatory messages, unfairly associating the applicant with exploitation and racial discrimination. The respondent's conduct was likely to take unfair advantage of and be detrimental to the distinctive character and repute of the applicant's marks.…
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