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South Africa decisions
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Jordan Winery (Pty) Ltd and Another v Pritchard (11031/12) [2013] ZAWCHC 191; 2013 BIP 476 (WCC) (19 December 2013)
The High Court granted an interdict against a winery using the name Sophia, holding that Jordan’s Sophia had acquired reputation and that future confusion was likely.
Swartkops Sea Salt (Pty) Ltd v Cerebos Ltd (CA 03/2012) [2013] ZAECGHC 45; 2013 BIP 453 (ECG) (10 May 2013)
The court held that Buffalo Braai Salt’s get-up was confusingly similar to Marina Braai Salt and allowed the passing-off appeal.
Andritz Delkor (Pty) Ltd v Bateman Engineered Technologies and Others (48245/11) [2012] ZAGPPHC 347; 2012 BIP 362 (GNP) (4 December 2012)
The applicant failed to establish the necessary reputation and goodwill in the DELKOR trade mark, either in its own right or as transferred from its predecessors. The evidence presented did not substantiate the existence of a distinctive reputation in the mark, nor did it demonstrate that the fifth respondent's use of DELKOR in conjunction with BATEMAN was likely to cause confusion or misrepresentation among the relevant public. The instances of alleged confusion were either not genuine or related to entities not trading in South Africa. Both parties operate in a specialised industry where cu…
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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.
Keylite Chemicals v Harmony Gold Mining Company Limited (07/882) [2007] ZAGPHC 258 (28 March 2007)
The court found that the applicant had satisfied all requirements under section 50(1) of the Promotion of Access to Information Act. The applicant demonstrated a substantial need for access to the General Conditions of Purchase and product complaint or quality reports to exercise and protect its contractual rights and reputation. The application was not barred by section 7(1) of the Act, as no other proceedings had been instituted and no alternative legal mechanism for production existed. The applicant laid a proper foundation for its request, specifying the rights to be protected, the record…
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Caterham Car Sales and Coachworks Ltd. v Birkin Cars (Pty) Ltd. and Another (393/95) [1998] ZASCA 44; 1998 (3) SA 938 (SCA); [1998] 3 All SA 175 (A) (27 May 1998)
The Supreme Court of Appeal dismissed Caterham’s passing-off claim over replica Lotus Seven cars, finding no protectable South African reputation or goodwill.
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