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South Africa decisions
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State Attorney v Notshe (2022/00966) [2025] ZAGPJHC 206 (5 March 2025)
The High Court refused condonation for a late leave-to-appeal application, finding the delay substantial, the explanation poor, and the proposed appeal hopeless.
Basic Trade Mark S.A. v Karelia Tobacco Company Inc (39311/2014) [2015] ZAGPPHC 119 (17 February 2015)
The court dismissed an opposition to KAPPA’s registration in Class 34, finding no bad faith, no likelihood of confusion, and no proven tarnishment.
Valentino Globe BV v Phillips and Another (6/96) [1998] ZASCA 43; 1998 (3) SA 775 (SCA); [1998] 4 All SA 1 (A) (27 May 1998)
The Supreme Court of Appeal held that Phillips was not a 'person aggrieved' under section 36(1)(b) of the Trade Marks Act 62 of 1963. The evidence showed that Phillips had not traded or intended to trade under the mark Valentino in his personal capacity; any use of the mark was by separate legal entities, not by Phillips himself. The statutory framework did not permit piercing the corporate veil except in narrowly defined circumstances, which did not apply. The court concluded that Phillips could not succeed in his application for registration of the mark and therefore lacked locus standi to…
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