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Intellectual Property [2007] ZAGPHC 226

McDonald's International Property Co Ltd v Gianni and Another (A566/2006)

McDonald's International Property Co Ltd v Gianni and Another (A566/2006) [2007] ZAGPHC 226; 2007 BIP 231 (T) (4 October 2007)

The court found that the appellant failed to establish sufficient reputation in its Mc/Mac marks as at the relevant date, except for McDonald's itself. The evidence did not show use or reputation in relation to biscuits by the relevant date. The court rejected the application of the series principle under section 10(14), following Supreme Court of Appeal authority. Upon comparison, the court held that the respondent's McBiscuit mark is visually, aurally, and conceptually distinct from the appellant's marks, and that the common Mc/Mac prefix alone does not create a likelihood of confusion or d…

  • Trade Mark Rectification
  • Likelihood Of Confusion
  • Series Principle
  • Expungement Of Mark
  • Reputation In Trade Mark
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