South Africa Case Law

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243)

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243) [2017] ZAGPPHC 402; 2017 BIP 194 (GP) (28 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

2013/76243

Judge

L Adams

The court held that the applicant failed to exhaust internal remedies provided under the ECT Act regulations, specifically the appeal process, before approaching the High Court. Regulation 11(1) does not permit bypassing these remedies; it only allows for parallel litigation on related matters, such as trade mark infringement, not direct review of the adjudicator's decision. The application is therefore premature and the court lacks jurisdiction. Alternatively, the doctrine of res judicata applies, as the adjudicator's decision on the same issue between the same parties precludes further liti…

Source excerpt

• Domain Name Disputes
• Abusive Registration
• Exhaustion Of Internal Remedies
• Res Judicata
• Trade Mark Rights

Fairhaven Country Estate (Pty) Ltd v Harris and Another (735/2015)

Fairhaven Country Estate (Pty) Ltd v Harris and Another (735/2015) [2015] ZAWCHC 100; 2015 (5) SA 540 (WCC); [2015] 3 All SA 618 (WCC); 2015 BIP 506 (WCC) (8 July 2015)

Court

Western Cape High Court, Cape Town

Case number

735/2015

Judge

Henney

The High Court granted an interdict over disputed Fairhaven domain names, finding the domains had become linked to the applicant’s goodwill and that threatened use by the respondent would amount to passing off.

• Domain Name Disputes
• Passing Off
• Unlawful Competition
• Trade Mark Protection
• Internet Law
• Goodwill Protection