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South Africa decisions
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Lee Riders Motorcycle Club v Jacobs and Another (027612) [2024] ZAGPPHC 568 (17 May 2024)
The High Court held that the motorcycle club, not a resigned member or his NPC, was the proprietor of the Lee Riders marks and refused registration.
National Brands Limited v Cape Cookies CC and Another (24206/17) [2021] ZAGPPHC 863; 2021 BIP 13 (GP); [2021] HIPR 196 (GP) (20 December 2021)
The court found that National Brands Limited failed to establish that the SNACKCRAX trade mark is inherently deceptive or likely to cause confusion or deception among consumers. The evidence of actual confusion was insufficient, and years of parallel trading without widespread confusion supported the conclusion that the marks are not identical or sufficiently similar to cause confusion as to the origin of the goods. The CRAX element was not found to be distinctive enough to confer exclusivity, and the overall visual, aural, and conceptual differences between SALTICRAX and SNACKCRAX were signi…
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