Edcon Limited v Edgars Consolidated Stores Limited and Another (23718/2006) [2018] ZAGPPHC 695; 2019 BIP 105 (GP) (12 September 2018)
Court
North Gauteng High Court, Pretoria
Case number
23718/2006
Judge
R G Tolmay
The court granted Edcon Limited joinder as second plaintiff in a trade mark infringement action, finding a direct interest and rejecting a substitution-based objection.
Andritz Delkor (Pty) Ltd v Bateman Engineered Technologies and Others (48245/11) [2012] ZAGPPHC 347; 2012 BIP 362 (GNP) (4 December 2012)
Court
North Gauteng High Court, Pretoria
Case number
48245/11
Judge
Van der Byl
The applicant failed to establish the necessary reputation and goodwill in the DELKOR trade mark, either in its own right or as transferred from its predecessors. The evidence presented did not substantiate the existence of a distinctive reputation in the mark, nor did it demonstrate that the fifth respondent's use of DELKOR in conjunction with BATEMAN was likely to cause confusion or misrepresentation among the relevant public. The instances of alleged confusion were either not genuine or related to entities not trading in South Africa. Both parties operate in a specialised industry where cu…
