Mercury Fittings (Pty) Ltd and Another v Doormax (Pty) Ltd and Another (4370/2023) [2024] ZAWCHC 183 (21 June 2024)
Court
Western Cape High Court, Cape Town
Case number
4370/2023
Judge
Mahomed
The High Court granted a final interdict stopping Doormax from dealing in “QS” products without consent, holding that the brand and goodwill were protectable and ongoing interference was unlawful.
Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (227/2015) [2016] ZASCA 74; [2016] 3 All SA 345 (SCA); 2016 (6) SA 1 (SCA); 2016 BIP 189 (SCA) (27 May 2016)
Court
Supreme Court of Appeal
Case number
227/2015
Judges
Ponnan, Mbha, Zondi, Mathopo, Fourie
The Supreme Court of Appeal held that the use of the CLEARVU mark as a keyword in Google AdWords advertising by the respondents did not constitute passing off or unlawful competition. Although the appellant established a reputation in the CLEARVU name, it failed to prove a likelihood of confusion or deception among consumers. The court found that internet users are able to distinguish between advertisements and natural search results, and that the mere use of a competitor's unregistered trade mark as a keyword does not amount to actionable conduct under South African law unless it results in…
