South Africa Case Law

Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069)

Apple Bite (Pty) Ltd and Another v Applebite Roadhouse (Pty) Ltd and Others (A2023/058069) [2024] ZAGPJHC 22 (12 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/058069

Judges

Wright, Sutherland, R Strydom

The court found that the sale of the business as a going concern included the goodwill and the right to use the 'Apple Bite' name and logo, not limited to the original property. The respondents acquired these rights and exercised them at other locations without objection from the appellants. The appellants' subsequent use of the name and logo at the original property and in advertising was a deliberate attempt to piggy-back on the reputation and customer base established by the respondents, constituting passing off and unlawful competition. The suspensive condition in the 2008 sale agreement…

Source excerpt

• Passing Off
• Unlawful Competition
• Goodwill Transfer
• Business Name Rights
• Sale Of Business
• Interdict

SA Point of Purchase (Pty) Ltd and Another v Hatton-Jones and Others (30429/13)

SA Point of Purchase (Pty) Ltd and Another v Hatton-Jones and Others (30429/13) [2014] ZAGPJHC 297 (7 August 2014)

Court

South Gauteng High Court, Johannesburg

Case number

30429/13

Judge

Victor

High Court interdict enforcing a vendor restraint of trade and ordering return of confidential documents after finding collusion and misuse of business information.

• Restraint Of Trade
• Fiduciary Duties
• Unlawful Competition
• Goodwill Transfer
• Anton Piller Order
• Restraint-of-trade

Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (5850/07)

Incledon Cape (Pty) Ltd v DPI Plastics (Pty) Ltd (5850/07) [2009] ZAWCHC 182; 2009 BIP 397 (WCC) (19 November 2009)

Court

Western Cape High Court, Cape Town

Case number

5850/07

Judge

P L Goliath

High Court passing-off case where Incledon Cape obtained a permanent interdict against DPI Plastics for using Incledon DPI in the Western Cape.

• Passing Off
• Trade Name Dispute
• Goodwill Transfer
• Unlawful Competition
• Distinctive Mark
• Permanent Interdict

Botha and Another v Carapax Shadeports (Pty) Ltd. (560/1989)

Botha and Another v Carapax Shadeports (Pty) Ltd. (560/1989) [1991] ZASCA 134; 1992 (1) SA 202 (AD); [1992] 3 All SA 768 (AD) (27 September 1991)

Court

Supreme Court of Appeal

Case number

560/1989

Judges

Botha, Smalberger, Milne, F H Grosskopf, Krieger

The Supreme Court of Appeal held that the benefit of the restraint of trade clauses in the appellants' employment contracts formed part of the goodwill of the business and was transferred to the respondent upon the sale of the business as a going concern. The cession of the right to enforce the restraints was effected by the sale and delivery of the business, and no further formalities were required. The Court rejected the argument that the appellants' consent was necessary for the cession, as the obligation not to compete operated after termination of employment and enforcement by the respon…

Source excerpt

• Restraint Of Trade
• Goodwill Transfer
• Cession Of Contractual Rights