Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069)
Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069) [2024] ZAGPJHC 22 (12 January 2024)
The court found that the sale of the business as a going concern included the goodwill and the right to use the 'Apple Bite' name and logo, not limited to the original property. The respondents acquired these rights and exercised them at other locations without objection from the appellants. The appellants' subsequent use of the name and logo at the original property and in advertising was a deliberate attempt to piggy-back on the reputation and customer base established by the respondents, constituting passing off and unlawful competition. The suspensive condition in the 2008 sale agreement…
Source excerpt
- Passing Off
- Unlawful Competition
- Goodwill Transfer
- Business Name Rights
- Sale Of Business
- Interdict