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South Africa decisions
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Dinnermates (TVL) CC v Piquante Brands International (Pty) Ltd and Another (401/17) [2018] ZASCA 43; 2018 BIP 260 (SCA) (28 March 2018)
The Supreme Court of Appeal held that PEPPAMATES was not confusingly similar to PEPPADEW and dismissed the trade mark opposition.
M-Systems Group (Pty) Ltd v Cochrane Steel Products (Pty) Ltd (61028/2015) [2016] ZAGPPHC 677; 2016 BIP 228 (GP) (10 August 2016)
The court found that 'CLEARVU' is an invented word and not merely descriptive of the goods or services for which registration is sought. Although the mark may allude to a characteristic of the fencing products, it is not exclusively descriptive and is used in relation to a broader range of goods and services. The applicant demonstrated extensive use of the mark, resulting in significant reputation and recognition among the public and professionals. The court concluded that 'CLEARVU' is capable of distinguishing the applicant's goods and, alternatively, has acquired distinctiveness through pri…
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Discovery Holdings Ltd v Sanlam Ltd and Others (8995/2012) [2014] ZAWCHC 109; 2015 (1) SA 365 (WCC); 2014 BIP 210 (WCC) (3 July 2014)
The court held that ESCALATOR FUNDS is descriptive of CPPI investment products, rejected infringement and passing off claims, and ordered the mark expunged.
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