Cochrane Steel Products (Pty) Ltd v G Harrop-Allin and Sons (Pty) Ltd (6031/21;12358/21)
Cochrane Steel Products (Pty) Ltd v G Harrop-Allin and Sons (Pty) Ltd (6031/21;12358/21) [2022] ZAGPPHC 408 (9 June 2022)
The court found that Harrop's use of 'RAZOR MESH' was not bona fide descriptive use but rather trademark use, given the prominence and context in which the mark appeared on Harrop's promotional materials. The mark 'RAZOR MESH' was held to be distinctive and not a generic or purely descriptive term in the fencing industry. The applicant's trademark was capable of distinguishing its goods from those of others, both at the time of registration and at the time of the application. Harrop failed to demonstrate that the mark had become customary or lost its distinctiveness. Consequently, Harrop's us…
Source excerpt
- Trademark Infringement
- Bona Fide Descriptive Use
- Distinctiveness
- Expungement Of Trademark
- Likelihood Of Confusion