Esheria South Africa Case Law
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South Africa Case Law

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Intellectual Property [2006] ZAGPHC 209

Ussher Investment (Pty) Ltd v Elite Trade Centre and Others (6027/2005)

Ussher Investment (Pty) Ltd v Elite Trade Centre and Others (6027/2005) [2006] ZAGPHC 209; 2006 BIP 199 (T) (26 May 2006)

Court
High Courts - Gauteng
Case number
6027/2005
Judge
Bosielo

The court held that wheelbarrows painted in the applicant's green-and-yellow trade mark infringed the mark, amounted to passing off, and were counterfeit goods.

  • Trade Mark Infringement
  • Passing Off
  • Counterfeit Goods Act
  • Distinctiveness Of Trade Mark
  • Expungement Of Trade Mark
  • Trade-mark-infringement
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Intellectual Property [2006] ZASCA 5

Bergkelder Bpk. v Vredendal Koöp Wynmakery and Others (105/05)

Bergkelder Bpk. v Vredendal Koöp Wynmakery and Others (105/05) [2006] ZASCA 5; 2006 (4) SA 275 (SCA); [2006] 4 All SA 215 (SCA); 2006 BIP 128 (SCA) (9 March 2006)

Court
Supreme Court of Appeal
Case number
105/05
Judges
Harms, Streicher, Cameron, Lewis, Cachalia

The Supreme Court of Appeal held that the Bocksbeutel bottle mark lacked distinctiveness and could not function as a badge of origin, so the appeal failed.

  • Container Marks
  • Distinctiveness
  • Trade Mark Registration
  • Expungement
  • Badge Of Origin
  • Shape Marks
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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.