Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Open Horizon Ltd v Carnilinx (Pty) Ltd (225/2021) [2022] ZASCA 75; 2022 BIP 458 (SCA); [2022] HIPR 202 (SCA) (26 May 2022)
The Supreme Court of Appeal held that ATLANTIC and PACIFIC trade marks were not confusingly similar and dismissed the appeal, including the unlawful competition claim.
Open Horizon Ltd v Carnilinx (Pty) Ltd (66901/2019) [2020] ZAGPPHC 674; 2020 BIP 415 (GP) (20 November 2020)
The High Court dismissed a trade mark infringement claim over PACIFIC and ATLANTIC cigarette marks, finding no actionable confusion and no monopoly in ocean-themed names.
La Chemise Lacoste v Rong Tai Trading CC (36037/2003) [2007] ZAGPHC 27; 2007 BIP 175 (T) (13 April 2007)
The court found that the plaintiff failed to prove that the defendant's use of the word 'Crocodile' on belts infringed its registered trade marks. The evidence established that the relevant public associates the Lacoste brand with a specific crocodile device, not merely the word 'crocodile'. The defendant's belts, bearing only the word 'Crocodile', are visually, aurally, and conceptually distinct from the plaintiff's device marks. The plaintiff does not have a monopoly over the concept or word 'crocodile', and there was no likelihood of deception or confusion among the average purchaser. The…
Source excerpt
Explore more
