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Koni Multinational Brands (Pty) Ltd v Beiersdorf AG (553/19) [2021] ZASCA 24; 2021 BIP 15 (SCA); [2021] HIPR 162 (SCA) (19 March 2021)
The Supreme Court of Appeal dismissed a passing-off appeal over NIVEA MEN shower gel packaging, finding Koni’s CONNIE MEN get-up confusingly similar.
Beiersdorf AG v Koni Multinational Brands (Pty) Limited (85102/2017) [2019] ZAGPJHC 10; 2019 (4) SA 553 (GJ); 2019 BIP 270 (GJ) (12 February 2019)
The court found that the respondent's Connie shower gel get-up incorporated distinctive elements from the applicant's Nivea brand, including colour schemes, label shapes, and graphic features, which, when viewed collectively, were likely to cause confusion among consumers. The court held that the memory of past get-ups can persist in the marketplace and contribute to consumer associations, even if those features are no longer in current use. The use of similar get-up, despite differences in product names, was deemed sufficient to create a deceptive impression, especially given the strength an…
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