Better Homes Expo (Pty) Ltd v Consep Home Ideas (Pty) Ltd and Others (48170/17)
Better Homes Expo (Pty) Ltd v Consep Home Ideas (Pty) Ltd and Others (48170/17) [2019] ZAGPJHC 5; 2019 BIP 259 (GJ) (7 February 2019)
The court found that the phrase HOME IDEAS is descriptive and commonly used in the English language, conveying the meaning of ideas for the home. The applicant's reputation in the mark was not sufficient to render the phrase distinctive of its business alone. The addition of the word CONSEP and the markedly different get-up used by the respondents were sufficient to distinguish their business from that of the applicant. The evidence of actual confusion was unsatisfactory and did not establish a reasonable likelihood of confusion or deception. The applicant, having adopted a trading name conta…
Source excerpt
- Passing Off
- Trade Mark Distinctiveness
- Descriptive Terms
- Secondary Meaning
- Likelihood Of Confusion