Golden Fried Chicken (Pty) Ltd v Oh My Soul (Pty) Ltd t/a Oh My Soul Cafe (D1739/2019)
Golden Fried Chicken (Pty) Ltd v Oh My Soul (Pty) Ltd t/a Oh My Soul Cafe (D1739/2019) [2019] ZAKZDHC 30; 2019 BIP 125 (KZD) (25 March 2019)
The court found that although the applicant's and respondent's marks share common words, the context and market positioning of each party are fundamentally different. The applicant's marks are associated with chicken and meat products, while the respondent operates a vegan restaurant, targeting a distinct consumer base ideologically opposed to the applicant's offerings. The court held that vegan consumers are unlikely to be confused or deceived into believing there is a connection between the two businesses. The respondent's use of similar marks was not intended to misappropriate the applican…
Source excerpt
- Trade Mark Infringement
- Likelihood Of Confusion
- Dilution Of Distinctive Character
- Urgent Interdict
- Brand Identity
- Comparative Mark Analysis