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Pioneer Foods (Pty) Ltd v Bothaville Milling (Pty) Ltd (3424/2011) [2012] ZAFSHC 180; 2012 BIP 351 (FB) (20 September 2012)
High Court dismissed a passing-off claim over competing maize meal get-ups, finding the star-based packaging sufficiently distinguishable and no likely consumer confusion.
Royal Salt Company (Pty) Ltd v Swartkops Sea Salt (Pty) Ltd and Another (2024/2010) [2011] ZAECGHC 79; 2011 BIP 260 (ECG) (15 December 2011)
The court found that the respondent’s SEESO product, in its packaging and presentation, is confusingly similar to the applicant’s SEEPO product. Both marks are dominant features in bold orange script on transparent packaging, and the only difference is a single letter. The use of the ® symbol with SEESO further bolsters its prominence and creates confusion. The respondent’s defence under Section 34(2)(g) fails because the mark was not used in the registered form. The applicant established reputation and goodwill in the Western Cape, and the similarities in get-up and mark are likely to deceiv…
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Pharmachoice Healthcare (Pty) Ltd v Nutrilida Healthcare (Pty) Ltd (22377/05) [2006] ZAGPHC 191; 2006 BIP 159 (T) (11 May 2006)
The court found that the applicant had established a substantial reputation and goodwill in the get-up and packaging of its Viralchoice products, supported by extensive advertising, sales, and market presence. The respondent's packaging for its Viralguard products was found to be confusingly similar in colour scheme, layout, and presentation, such that a substantial number of consumers would likely be deceived or confused as to the origin or association of the products. The court held that the respondent's conduct amounted to passing-off, as it took advantage of the applicant's goodwill and r…
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