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South Africa Case Law

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Intellectual Property [2000] ZASCA 2

Cadbury (Pty) Ltd v Beacon Sweets & Chocolates (Pty) Ltd and Another (573/97)

Cadbury (Pty) Ltd v Beacon Sweets & Chocolates (Pty) Ltd and Another (573/97) [2000] ZASCA 2; 2000 (2) SA 771 (SCA); [2000] 2 All SA 1 (A) (16 March 2000)

Court
Supreme Court of Appeal
Case number
573/97
Judges
Vivier, Harms, Marais, Streicher, Farlam

The Supreme Court of Appeal held that “Liquorice Allsorts” was generic/descriptive and ordered a disclaimer preventing exclusive trade mark rights in the term.

  • Trade Mark Rectification
  • Disclaimer Of Non Distinctive Elements
  • Capability Of Distinguishing
  • Generic Terms In Trade Marks
  • Trade-mark-rectification
  • Disclaimer-of-non-distinctive-elements
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.