South Africa Case Law

Yossi Barel v Popular Trading CC and Others (1102/2023)

Yossi Barel v Popular Trading CC and Others (1102/2023) [2025] ZASCA 94 (23 June 2025)

Court

Supreme Court of Appeal

Case number

1102/2023

Judges

Hughes, Kgoele, Unterhalter, Coppin, Bloem

The majority held that counterfeiting under South African law requires more than mere trademark infringement; it demands a deliberate and fraudulent intent to deceive or pass off goods as those of another. Popular Trading's goods were authentic, sourced directly from the original Italian manufacturer, and lacked any intent to deceive the public or pass off the goods as those of Mr Barel. The evidence did not establish that Popular Trading intended its goods to be confused with or taken as being Mr Barel's goods. Mere knowledge of Mr Barel's trademark registration did not convert the continued…

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• Counterfeit Goods Act
• Trade Mark Infringement
• Mens Rea In Counterfeiting
• Search And Seizure
• Deliberate Infringement

Solo Foods Sales and Distrubutions (Pty) Limited v Kalinda Trading CC and Others (37574/2021)

Solo Foods Sales and Distrubutions (Pty) Limited v Kalinda Trading CC and Others (37574/2021) [2024] ZAGPJHC 752 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

37574/2021

Judge

Gotz AJ

The High Court granted Solo Foods an interdict over the VITA NUTS mark and dismissed Kalinda Trading’s counterapplication to cancel VITA NUT.

• Trade Mark Infringement
• Trade Mark Registration
• Counterfeit Goods Act
• Passing Off
• Interdict
• Reputation And Goodwill

My-China Discount Store (Pty) Ltd v Mosese and Others (076084/2023)

My-China Discount Store (Pty) Ltd v Mosese and Others (076084/2023) [2024] ZAGPPHC 756 (24 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

076084/2023

Judge

M P Motha

The High Court set aside a Counterfeit Goods Act search-and-seizure warrant because the complaint affidavit did not support the trademark and copyright rights listed in the warrant.

• Counterfeit Goods Act
• Search And Seizure Warrant
• Trade Mark Infringement
• Copyright Infringement
• Ex Parte Applications
• Counterfeit-goods-act

A&D Spitz (Pty) Ltd v Blessed Miracle Wholesalers and Retailers CC and Others (22/23988)

A&D Spitz (Pty) Ltd v Blessed Miracle Wholesalers and Retailers CC and Others (22/23988) [2023] ZAGPJHC 870 (4 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

22/23988

Judge

D Mahon

The court granted an interdict, a disclosure order under the Counterfeit Goods Act, authority to take seized counterfeit goods, and costs against the first and second respondents.

• Trade Mark Infringement
• Counterfeit Goods Act
• Interdict
• Costs Award
• Disclosure Order
• Trade-mark-infringement

Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd (73/2020)

Beyond Platinum (Pty) Ltd v Ellies Electronics (Pty) Ltd (73/2020) [2020] ZASCA 154; [2020] HIPR 157 (SCA) (27 November 2020)

Court

Supreme Court of Appeal

Case number

73/2020

Judges

Navsa, Ponnan, Cachalia, Matojane, Mabindla-Boqwana

The Supreme Court of Appeal dismissed an appeal about Counterfeit Goods Act warrants and alleged counterfeit remote controls, with costs.

• Counterfeit Goods Act
• Search And Seizure
• Copyright Infringement
• Interim Interdict
• Counterfeit-goods-act
• Search-and-seizure

Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017)

Union-Swiss (Proprietary) Limited v Govender and Others (5903/2017) [2020] ZAKZDHC 30; 2021 (1) SA 578 (KZD) (7 August 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

5903/2017

Judge

Chetty

The court held that while remote hearings are permissible under the Superior Courts Act and relevant directives, the Judge President's directive restricts civil trials during lockdown to those deemed urgent. The applicant failed to demonstrate sufficient urgency for its trial to proceed remotely, as the main prejudice claimed was delay, and the goods at issue had already been seized. The court found that the defendants' objections regarding fairness and logistics, though not entirely persuasive, were sufficient to tip the balance against imposing a remote trial without their consent. The guar…

Source excerpt

• Remote Hearing
• Trade Mark Infringement
• Counterfeit Goods Act
• Urgency In Civil Trials
• Constitutional Right To Fair Hearing

Ellies Electronics (Pty) Ltd v Beyond Platinum (Pty) Ltd and Others (39111/2018)

Ellies Electronics (Pty) Ltd v Beyond Platinum (Pty) Ltd and Others (39111/2018) [2019] ZAGPPHC 324 (11 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

39111/2018

Judge

Janse van Nieuwenhuizen

The High Court set aside search and seizure warrants under the Counterfeit Goods Act, finding a bona fide copyright dispute had been used to justify criminal process.

• Counterfeit Goods Act
• Copyright Infringement
• Search And Seizure
• Abuse Of Process
• Damages Enquiry
• Counterfeit-goods

Leonard Dingler (Pty) v Afroberg Tobacco Manufacturing (Pty) Ltd and Others (23119/18)

Leonard Dingler (Pty) v Afroberg Tobacco Manufacturing (Pty) Ltd and Others (23119/18) [2019] ZAGPPHC 176; 2019 BIP 137 (GP) (31 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

23119/18

Judge

Louw

The High Court upheld an exception against vague pleaded defences and a counterclaim in a trade mark and counterfeit-goods dispute involving BLACK AND WHITE tobacco products.

• Trade Mark Infringement
• Counterfeit Goods Act
• Exception Procedure
• Misrepresentation
• Competition Act Irrelevance
• Trade-mark-infringement

Sugarless Company (Pty) Ltd v Quad Africa Energy (Pty) Ltd (25802/2018)

Sugarless Company (Pty) Ltd v Quad Africa Energy (Pty) Ltd (25802/2018) [2018] ZAGPJHC 504; [2018] 4 All SA 486 (GJ) (24 August 2018)

Court

South Gauteng High Court, Johannesburg

Case number

25802/2018

Judge

WHG van der Linde

The High Court held that use of the S.Sugarlean logo and packaging infringed trade mark and copyright, constituted passing off, and justified interdictory relief.

• Trade Mark Infringement
• Copyright Infringement
• Passing Off
• Counterfeit Goods Act
• Distinctiveness Of Trade Mark
• Unlawful Competition

Puma SE v Ham Trading Enterprise CC and Others (9366/2017)

Puma SE v Ham Trading Enterprise CC and Others (9366/2017) [2018] ZAKZDHC 42 (24 August 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

9366/2017

Judge

Olsen

The court held that, for the purposes of section 9(2)(b) of the Counterfeit Goods Act, the institution of civil proceedings is achieved by the issue of summons within the prescribed 10-day period after notice of intention to institute proceedings. Service of the summons within that period is not required. This interpretation is consistent with established precedent and the purpose of the Act, which is to prevent indefinite detention of seized goods while ensuring that suspects cannot evade proceedings by avoiding service. The court found that the plaintiff complied with the statutory requirem…

Source excerpt

• Counterfeit Goods Act
• Trade Marks Act
• Default Judgment
• Service Of Process