Mettenheimer v Zonquasdrif Vineyards CC and Another (18998/2010)
Mettenheimer v Zonquasdrif Vineyards CC and Another (18998/2010) [2012] ZAWCHC 69 (13 June 2012)
The court found that the applicants failed to establish that the use of Zonquasdrif Vineyards by the first respondent in relation to grape farming was likely to cause deception or confusion with the registered Zonquasdrift trade mark for wine and alcoholic beverages. The goods and trade channels were sufficiently distinct: grapes are sold to cooperative cellars, not the general public, and wine is sold to end consumers, often abroad. The evidence of actual confusion was vague and insufficient. The geographical nature of the name Zonquasdrift further diminished the likelihood of confusion, as…
Source excerpt
- Trade Mark Infringement
- Likelihood Of Confusion
- Geographical Indication
- Expungement Of Trade Mark
- Close Corporation Name Objection