South Africa Case Law

Bayerische Motoren Werke Aktiengesellschaft v Grandmark International (Pty) Ltd and Another (50212/2010)

Bayerische Motoren Werke Aktiengesellschaft v Grandmark International (Pty) Ltd and Another (50212/2010) [2012] ZAGPPHC 139 (25 July 2012)

Court

North Gauteng High Court, Pretoria

Case number

50212/2010

Judge

Ranchod

The court found that BMW AG failed to establish contempt of the 1999 court order, as Grandmark provided sufficient evidence to raise reasonable doubt regarding deliberate and mala fide non-compliance. Regarding the E46 design registrations, the court held that BMW AG did not prove the existence of novel aesthetic features; the designs were dictated solely by function and anticipated by prior BMW designs, rendering them unregistrable as aesthetic designs and lacking novelty and originality. The counter-application for revocation of the E46 design registrations succeeded. On trade mark infringe…

Source excerpt

• Registered Designs
• Designs Act
• Trade Mark Infringement
• Novelty And Originality
• Aesthetic Vs Functional Designs
• Counter Application For Revocation

Calypso Dealers CC v Registrar of Designs and Another (39406/2008)

Calypso Dealers CC v Registrar of Designs and Another (39406/2008) [2011] ZAGPPHC 124; 2011 BIP 326 (GNP) (26 July 2011)

Court

North Gauteng High Court, Pretoria

Case number

39406/2008

Judge

Webster

The High Court dismissed a bid to revoke and re-register a design, finding the applicant failed to prove the design was created in the course of employment.

• Ownership Of Designs
• Employee Inventions
• Designs Act
• Motion Proceedings
• Supplementary Affidavits
• Design-ownership

Premier Hangers CC v Polyoak (Pty) Ltd (522/94)

Premier Hangers CC v Polyoak (Pty) Ltd (522/94) [1996] ZASCA 119; 1997 (1) SA 416 (SCA); [1997] 1 All SA 134 (A); (27 September 1996)

Court

Supreme Court of Appeal

Case number

522/94

Judges

Plewman, Hefer, Kumleben, Howie, Zulman

The court held that copying unregistered hanger designs was not unlawful competition, because the designs had entered the public domain and no extra unfairness was shown.

• Unlawful Competition
• Industrial Designs
• Public Domain Copying
• Designs Act
• Aquilian Action
• Unlawful-competition