South Africa Case Law

Native Child Africa (Pty) Ltd v Akinwale (2023-125850)

Native Child Africa (Pty) Ltd v Akinwale (2023-125850) [2023] ZAGPPHC 2007 (11 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-125850

Judge

Khwinana

The court found that the applicant established a prima facie right to protection of its reputation and goodwill, which had suffered considerable harm due to the respondent's defamatory social media campaign. The respondent admitted to making and publishing the statements, some of which were acknowledged as false and inherently defamatory, such as calling the applicant "thieves." The respondent failed to provide a bona fide defence or justify her conduct, and documentary evidence contradicted her claims of non-payment. The requirements for an interim interdict were satisfied: the applicant fac…

Source excerpt

• Interim Interdict
• Defamation
• Social Media Liability
• Brand Reputation
• Contractual Obligations

Golden Fried Chicken (Pty) Ltd v Vlachos and Another (4923/2018)

Golden Fried Chicken (Pty) Ltd v Vlachos and Another (4923/2018) [2020] ZAGPJHC 284; 2020 BIP 379 (GJ) (20 October 2020)

Court

South Gauteng High Court, Johannesburg

Case number

4923/2018

Judge

S Yacoob

The High Court dismissed Golden Fried Chicken’s trade mark infringement claim over “Soul Souvlaki” and also dismissed the respondents’ non-use and validity counterclaim.

• Trade Mark Infringement
• Distinctiveness Of Marks
• Non Use Removal
• Contra Bonos Mores
• Passing Off
• Brand Reputation