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South Africa Case Law

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Intellectual Property [2023] ZASCA 70

ICollege (Pty) Ltd v Xpertease Skills Development and Mentoring CC and Another (106/2022)

ICollege (Pty) Ltd v Xpertease Skills Development and Mentoring CC and Another (106/2022) [2023] ZASCA 70 (24 May 2023)

Court
Supreme Court of Appeal
Case number
106/2022
Judges
Schippers, Mabindla-Boqwana, Matojane, Olsen, Unterhalter

The Supreme Court of Appeal found that the respondent's use of the iCollege mark was visually and phonetically identical to the appellant's registered iCOLLEGE trade marks, with both marks sharing the dominant word element 'iCOLLEGE' and similar logos. The court held that the differences in font, case, and the addition of 'ONLINE LEARNING' did not detract from the overall impression of similarity. The services offered by both parties were found to be identical or closely related, increasing the likelihood of confusion among consumers. The court rejected the respondent's argument regarding the…

Source excerpt

  • Trade Mark Infringement
  • Likelihood Of Confusion
  • Visual And Phonetic Similarity
  • Badge Of Origin
  • Domain Name Transfer
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Intellectual Property [2015] ZAWCHC 111

Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013)

Global Vitality Incorporated v Enzyme Process Africa (Pty) Limited and Others (20884/2013) [2015] ZAWCHC 111; 2015 BIP 520 (WCC) (21 August 2015)

Court
Western Cape High Court, Cape Town
Case number
20884/2013
Judge
J Cloete

The applicant established substantial reputation and goodwill in the ENZYME PROCESS trade mark in South Africa since 1995, predating any involvement by the respondents. The respondents' use of the ENZYME PROCESS mark and similar marks, including on goods not supplied by the applicant, was likely to cause confusion and deception among customers. The trade mark registrations by the second respondent were made without bona fide claim to proprietorship and in bad faith, warranting cancellation under the Trade Marks Act. The first respondent's company name, ENZYME PROCESS AFRICA, is confusingly si…

Source excerpt

  • Passing Off
  • Trade Mark Expungement
  • Company Name Dispute
  • Domain Name Transfer
  • Bona Fide Proprietorship
  • Abusive Registration
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.