South Africa Case Law

Aspen Pharmacare Holdings Group and Another v Adcock Ingram Healthcare (Pty) Ltd and Others (017055/2025)

Aspen Pharmacare Holdings Group and Another v Adcock Ingram Healthcare (Pty) Ltd and Others (017055/2025) [2025] ZAGPPHC 462 (12 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

017055/2025

Judge

Millar

The High Court held that LENBUCOD infringed the MYBUCOD trade mark for a pharmaceutical product because the shared BUCOD element was likely to confuse consumers and pharmacists.

• Trade Mark Infringement
• Likelihood Of Confusion
• Distinctiveness Of Mark
• Pharmaceutical Products
• Interdict
• Registration Validity

Accounting Made Easy CC v School Accountin Made Easy (Pty) Ltd (81365/2016)

Accounting Made Easy CC v School Accountin Made Easy (Pty) Ltd (81365/2016) [2019] ZAGPPHC 215 (25 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

81365/2016

Judge

Makhoba

The court dismissed a trade mark infringement claim over “Accounting Made Easy” and rejected a counter-application to remove the mark from the register.

• Trade Mark Infringement
• Distinctiveness Of Mark
• Descriptiveness
• Removal From Register
• Trade-mark-infringement
• Trade-mark-distinctiveness

E-Travel (Pty) Limited v Amadeus I.T. Group SA and Another (74849/16)

E-Travel (Pty) Limited v Amadeus I.T. Group SA and Another (74849/16) [2017] ZAGPPHC 794 (3 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

74849/16

Judge

G Rautenbach

The court found that, although the marks are not strikingly similar when placed side by side, the test is whether there is a reasonable likelihood of confusion in the marketplace. The Applicant and First Respondent operate in the same field, and the Applicant's mark enjoys market reputation. The First Respondent failed to distinguish its mark sufficiently and did not discharge its onus to show that its mark qualifies for registration under the Trade Marks Act. The risk of confusion, particularly due to imperfect recollection by consumers, is significant. The court also disregarded annexed doc…

Source excerpt

• Trade Mark Opposition
• Likelihood Of Confusion
• Distinctiveness Of Mark
• Onus Of Proof
• Well Known Mark Protection

Orange Brand Services Ltd v Account Works Software (Pty) Ltd (970/12)

Orange Brand Services Ltd v Account Works Software (Pty) Ltd (970/12) [2013] ZASCA 158; 2013 BIP 313 (SCA) (22 November 2013)

Court

Supreme Court of Appeal

Case number

970/12

Judges

Nugent, Tshiqi, Theron, Majiedt, Swain

The Supreme Court of Appeal held that ORANGEWORKS was likely to confuse with ORANGE for computer software, and refused registration.

• Trade Mark Registration
• Likelihood Of Confusion
• Distinctiveness Of Mark
• Opposition Proceedings
• Trade-mark-registration
• Likelihood-of-confusion

South African Apartheid Museum at Freedom Park v Stainbank and Another (10152/08)

South African Apartheid Museum at Freedom Park v Stainbank and Another (10152/08) [2010] ZAGPJHC 143; 2010 BIP 148 (GSJ) (23 February 2010)

Court

South Gauteng High Court, Johannesburg

Case number

10152/08

Judge

Willis

The High Court ordered expungement of the trade mark THE APARTHEID MUSEUM, finding non-use, lack of distinctiveness, and likely confusion.

• Trade Mark Expungement
• Non Use Of Trade Mark
• Distinctiveness Of Mark
• Likelihood Of Confusion
• Trade-mark-expungement
• Trade-mark-non-use

Slavin's Packaging (Pty) Ltd v Space Case Products (Pty) Ltd and Another (683/94)

Slavin's Packaging (Pty) Ltd v Space Case Products (Pty) Ltd and Another (683/94) [1996] ZASCA 64 (30 May 1996)

Court

Supreme Court of Appeal

Case number

683/94

Judges

Corbett, Botha, Nestadt, Harms, Plewmann

The court dismissed an appeal against an interdict for trade mark infringement and passing off involving children's pencil boxes sold as Spacey and Space Case.

• Trade Mark Infringement
• Passing Off
• Distinctiveness Of Mark
• Likelihood Of Confusion
• Registered Design
• Merchandise Marks Act