South Africa Case Law

Dayani v Talium Investments (Pty) Ltd and Others (9148/2012)

Dayani v Talium Investments (Pty) Ltd and Others (9148/2012) [2013] ZAGPPHC 558 (26 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

9148/2012

Judge

De Klerk AJ

The court found that the adjudicators complied with all material procedures prescribed by the regulations and acted fairly in the domain name dispute process. The applicant was legally represented and had the opportunity to object or request to respond to new facts but failed to do so. The grounds for review were vague and unsupported by evidence. The adjudicators correctly applied the law regarding trade mark proprietorship and the principle of priority in time. There was no procedural unfairness, error of law, or improper exercise of discretion. The application for review was dismissed as n…

Source excerpt

• Domain Name Dispute
• Trade Mark Proprietorship
• Administrative Review
• Electronic Communications And Transactions Act

Cetrecore CC and Another v Timbacore CC and Others (7268/09)

Cetrecore CC and Another v Timbacore CC and Others (7268/09) [2010] ZAWCHC 522 (1 November 2010)

Court

Western Cape High Court, Cape Town

Case number

7268/09

Judge

Yekiso

The court dismissed the main passing-off application, granted the counter-application, and held that late name-change relief under the Close Corporation Act was incompetent.

• Passing Off
• Unlawful Competition
• Close Corporation Name Change
• Trade Mark Reputation
• Domain Name Dispute
• Passing-off