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Tequila Cuervo SA de CV v Fabrication and Light Engineering CC (99935/15) [2017] ZAGPPHC 10; 2017 BIP 68 (GP) (20 January 2017)
The High Court held that IL CORVO was not confusingly similar to CUERVO or JOSE CUERVO, and dismissed the trademark opposition with costs.
La Chemise Lacoste v Rong Tai Trading CC (36037/2003) [2007] ZAGPHC 27; 2007 BIP 175 (T) (13 April 2007)
The court found that the plaintiff failed to prove that the defendant's use of the word 'Crocodile' on belts infringed its registered trade marks. The evidence established that the relevant public associates the Lacoste brand with a specific crocodile device, not merely the word 'crocodile'. The defendant's belts, bearing only the word 'Crocodile', are visually, aurally, and conceptually distinct from the plaintiff's device marks. The plaintiff does not have a monopoly over the concept or word 'crocodile', and there was no likelihood of deception or confusion among the average purchaser. The…
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