Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (227/2015)
Cochrane Steel Products (Pty) Ltd v M-Systems Group (Pty) Ltd and Another (227/2015) [2016] ZASCA 74; [2016] 3 All SA 345 (SCA); 2016 (6) SA 1 (SCA); 2016 BIP 189 (SCA) (27 May 2016)
The Supreme Court of Appeal held that the use of the CLEARVU mark as a keyword in Google AdWords advertising by the respondents did not constitute passing off or unlawful competition. Although the appellant established a reputation in the CLEARVU name, it failed to prove a likelihood of confusion or deception among consumers. The court found that internet users are able to distinguish between advertisements and natural search results, and that the mere use of a competitor's unregistered trade mark as a keyword does not amount to actionable conduct under South African law unless it results in…
Source excerpt
- Passing Off
- Unlawful Competition
- Trade Mark Keyword Advertising
- Common Law Trade Mark
- Google Adwords
- Distinctiveness