South Africa Case Law

Nestle Nespresso S.A v Secret River Trading CC t/a Caffeluxe Distributors (20147/2014)

Nestle Nespresso S.A v Secret River Trading CC t/a Caffeluxe Distributors (20147/2014) [2015] ZAWCHC 137; 2015 BIP 413 (WCC) (5 October 2015)

Court

Western Cape High Court, Cape Town

Case number

20147/2014

Judge

Davis

The applicant failed to establish, on the papers, a reasonable apprehension of continued infringement or aiding and abetting by the respondent. The evidence showed that the respondent ceased importing the Sienna machines in 2012, and the primary infringer, Shoprite Checkers, was not joined to the proceedings. The applicant's case for aiding and abetting was raised only in reply and was not substantiated by sufficient evidence in the founding affidavit. The single instance of a machine with respondent's branding found in 2015 was insufficient to justify the relief sought. The court held that t…

Source excerpt

• Copyright Infringement
• Artistic Work Protection
• Interdicts
• Aiding And Abetting
• Three Dimensional Reproduction Defence

Frank & Hirsch (Pty) Ltd. v A Roopanand Brothers (Pty) Ltd. (580/91)

Frank & Hirsch (Pty) Ltd. v A Roopanand Brothers (Pty) Ltd. (580/91) [1993] ZASCA 90; 1993 (4) SA 279 (AD); [1993] 2 All SA 521 (A) (2 June 1993)

Court

Supreme Court of Appeal

Case number

580/91

Judges

Corbett, Botha, Goldstone, Nicholas, Harms

The court held that the cassette wrapper and first insert were copyright-protected artistic works, and that parallel importation infringed the assigned copyright.

• Copyright Assignment
• Parallel Importation
• Artistic Work Protection
• Secondary Infringement
• Copyright-assignment
• Parallel-importation