Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (4890/2014)
Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (4890/2014) [2014] ZAWCHC 197; 2014 BIP 381 (WCC) (18 December 2014)
The court found that the applicant's 'Lucky Star' marks and the respondents' 'Lucky Fish' and 'Lucky Fish & Chips' marks are not sufficiently similar to create a likelihood of deception or confusion among consumers. The marks differ in their composite expressions, visual appearance, and the goods and services to which they are applied. The applicant's products are canned fish sold in retail outlets, while the respondents operate restaurant and takeaway outlets selling cooked fish. The word 'Lucky' is a common adjective and not distinctive on its own; the dominant features of the marks are the…
Source excerpt
- Trade Mark Infringement
- Company Name Confusion
- Likelihood Of Deception
- Dilution
- Fair And Normal Use
- Distinctiveness