South Africa Case Law

Cointreau et Cie SA v Pagan International (373/89)

Cointreau et Cie SA v Pagan International (373/89) [1991] ZASCA 89; 1991 (4) SA 706 (AD); [1991] 2 All SA 497 (A) (29 August 1991)

Court

Supreme Court of Appeal

Case number

373/89

Judges

Corbett, Nestadt, Goldstone, Nicholas, Van Den Heever

The court held that the appellant's registered container trade mark was inadequately represented in the register, as it only depicted a two-dimensional aspect of the bottle and not its full three-dimensional form. The scope of the monopoly is limited to the representation as registered, and courts are not permitted to supplement this by reference to the actual bottle used in commerce. The comparison between the respondent's Alianca Triplice bottle and the registered mark revealed that the common features—colour, shape, and proportions—were primarily utilitarian or functional, widely used in t…

Source excerpt

• Trade Mark Infringement
• Container Marks
• Functional Features Exception
• Likelihood Of Confusion