Nestle (South Africa) Pty Ltd v Mars Incorporated (333/99)
Nestle (South Africa) Pty Ltd v Mars Incorporated (333/99) [2001] ZASCA 76; [2001] 4 All SA 315 (A); 2001 (4) SA 542 (SCA) (31 May 2001)
The Supreme Court of Appeal held that the ASA was contractually obliged to consider and rule upon complaints made to it in accordance with its Code of Advertising Practice. The defence of lis alibi pendens was found to be inapplicable because the ASA and the Registrar of Trade Marks are distinct tribunals with different functions, powers, and parties. The ASA could not abdicate or defer its responsibility to the Registrar, even if some aspects of their respective inquiries might coincide. The court further found that Mars Incorporated had properly authorised the proceedings, either at the out…
Source excerpt
- Self Regulation In Advertising
- Contractual Obligations Of Industry Bodies
- Lis Alibi Pendens
- Trade Mark Registration
- Jurisdiction Of Industry Bodies