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South Africa decisions
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Tsebo Health CC v Eternal City Trading 529 CC and Others (1251/2010) [2010] ZAFSHC 45 (30 April 2010)
High Court passing-off case where the applicant proved goodwill in “Hlêka” and obtained a final interdict against confusingly similar branding.
National Brands Ltd v G M Patel Foods CC (26151/2008) [2009] ZAGPPHC 196; 2009 BIP 160 (GNP) (1 June 2009)
The court found that the respondent's product and packaging closely resemble those of the applicant, both in the design of the biscuits and the overall get-up. The similarities, including the use of prominent red lettering, depiction of pouring syrup and coconut, and indistinct wording on the biscuits, are likely to cause confusion among average consumers. The respondent failed to provide a plausible explanation for the choice of design, and the differences highlighted were deemed insignificant. The court concluded that there was a distinct probability of confusion and that the respondent had…
Source excerpt
Blue Lion Manufacturing (Pty) Ltd v National Brands Ltd (286/2000) [2001] ZASCA 62; [2001] 4 All SA 235 (A); 2001 (3) SA 884 (SCA) (18 May 2001)
The Supreme Court of Appeal held that Blue Lion’s Tea Lovers biscuit packaging likely deceived consumers by closely imitating National Brands’ Tennis get-up.
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