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South Africa decisions
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Commercial Mobile Truck and Trailer Alignment Services Pty Ltd v Harmse (2024/007833) [2024] ZAGPPHC 772 (29 July 2024)
The High Court enforced a restraint of trade against a former operations manager, finding the employer had a protectable interest in goodwill and client connections.
Mercury Fittings (Pty) Ltd and Another v Doormax (Pty) Ltd and Another (4370/2023) [2024] ZAWCHC 183 (21 June 2024)
The High Court granted a final interdict stopping Doormax from dealing in “QS” products without consent, holding that the brand and goodwill were protectable and ongoing interference was unlawful.
Applebite Roadhouse (PTY) Limited and Others v Apple Bite (PTY) Limited Another (47010/2021) [2022] ZAGPJHC 706 (20 September 2022)
High Court passing-off case over the “Applebite” restaurant name and logo. The court found goodwill, likely confusion, and granted an interdict and related relief.
Etraction (Pty) Ltd v Tyrecor (Pty) Ltd (28/5/2015) [2015] ZASCA 78; 2015 BIP 253 (SCA) (28 May 2015)
The SCA held that Tyrecor’s predecessor had continuous bona fide prior use of the INFINITY mark for tyres, defeating infringement, and upheld expungement of “tires”.
SA Point of Purchase (Pty) Ltd and Another v Hatton-Jones and Others (30429/13) [2014] ZAGPJHC 297 (7 August 2014)
High Court interdict enforcing a vendor restraint of trade and ordering return of confidential documents after finding collusion and misuse of business information.
Tuscan Mood 179 (Pty) Ltd v ITEC Distribution (Pty) Ltd and Others (15767/13) [2013] ZAGPPHC 92 (2 April 2013)
The High Court dismissed an urgent interdict application over customer and employee interference, finding the applicant lacked a clear right to relief.
Van der Watt and Another v Jonker and Others (837/2010) [2011] ZASCA 140 (23 September 2011)
The Supreme Court of Appeal held that Jonker and the Agri group companies had locus standi to enforce the restraint of trade agreement, as Jonker was a party to the contract and had a protectable interest arising from the agreement and the R2 million paid for the separation of businesses. The sale of business as a going concern included goodwill, and the legal consequence is that the seller may not solicit former customers. The evidence showed that Van der Watt solicited Agri group customers in breach of the restraint. The reciprocal nature of the restraint, the consideration paid, and the co…
Source excerpt
Van As v Van der Merwe (A332/2010) [2011] ZAWCHC 20 (18 February 2011)
High Court appeal over a restraint of trade clause and damages for breach of a business sale agreement; the purchaser failed to prove causation and quantum.
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.
Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (5850/07) [2009] ZAWCHC 182; 2009 BIP 397 (WCC) (19 November 2009)
High Court passing-off case where Incledon Cape obtained a permanent interdict against DPI Plastics for using Incledon DPI in the Western Cape.
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