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South Africa decisions
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Bergkelder Bpk. v Vredendal Koöp Wynmakery and Others (105/05) [2006] ZASCA 5; 2006 (4) SA 275 (SCA); [2006] 4 All SA 215 (SCA); 2006 BIP 128 (SCA) (9 March 2006)
The Supreme Court of Appeal held that the Bocksbeutel bottle mark lacked distinctiveness and could not function as a badge of origin, so the appeal failed.
Cointreau et Cie SA v Pagan International (373/89) [1991] ZASCA 89; 1991 (4) SA 706 (AD); [1991] 2 All SA 497 (A) (29 August 1991)
The court held that the appellant's registered container trade mark was inadequately represented in the register, as it only depicted a two-dimensional aspect of the bottle and not its full three-dimensional form. The scope of the monopoly is limited to the representation as registered, and courts are not permitted to supplement this by reference to the actual bottle used in commerce. The comparison between the respondent's Alianca Triplice bottle and the registered mark revealed that the common features—colour, shape, and proportions—were primarily utilitarian or functional, widely used in t…
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