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Southern Liqueur Company Limited v Noble Spirits (Pty) Ltd (Leave to Appeal) (7243/2021) [2025] ZAWCHC 285 (11 July 2025)
Leave to appeal was refused in a trade mark interdict dispute about AFRULA and AMARULA, with costs awarded against the respondent.
Swatch AG (Swatch SA) v Apple Inc (68438/2016) [2018] ZAGPPHC 966 (31 May 2018)
The court found that the determination of confusing similarity between SWATCH and IWATCH depended on a holistic comparison of the marks, considering their visual, aural, and conceptual aspects. The court accepted that SWATCH is an ordinary English word and that the word 'watch' has lost its identity within it. The marks differ in pronunciation and conceptual meaning, with SWATCH being monosyllabic and IWATCH pronounced 'eye-WATCH'. The court held that the similarities in the last five letters do not outweigh the differences in the overall impression of the marks. The court also found that not…
Source excerpt
Sasol Ltd v Seasol Industry (Pty) Ltd (CT011Jan2015) [2015] ZACT 64 (14 July 2015)
The Companies Tribunal found Seasol Industry’s name confusingly similar to Sasol’s mark and ordered a name change under the Companies Act.
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