South Africa Case Law

South African Medical Association N.P.C v South African Medical Association Trade Union and Others (13788/22)

South African Medical Association N.P.C v South African Medical Association Trade Union and Others (13788/22) [2024] ZAGPPHC 580 (27 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

13788/22

Judge

ASL VAN WYK

The High Court stayed trade mark infringement and passing-off proceedings pending the Registrar’s decision on SAMATU’s trade mark applications.

• Trade Mark Infringement
• Passing Off
• Stay Of Proceedings
• Expungement Of Trade Marks
• Honest Concurrent Use
• Trade-mark-infringement

Woolworths (Pty) Ltd v KR Agencies CC (4288/14)

Woolworths (Pty) Ltd v KR Agencies CC (4288/14) [2014] ZAGPPHC 369; 2014 BIP 191 (GP) (13 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

4288/14

Judge

J W Louw

The court found that the opposed mark's dominant 'jt' element is visually and aurally similar to Woolworths' JT ONE marks, and that the strapline does not sufficiently distinguish the marks. The likelihood of confusion is heightened by consumer tendencies to abbreviate product names and by KR's own use of abbreviations. KR's claim of honest concurrent use failed due to non-compliance with procedural requirements and because use under licence does not confer rights to the licensee. The absence of evidence of actual confusion was deemed irrelevant to the legal test. Consequently, the opposed ma…

Source excerpt

• Trade Mark Opposition
• Likelihood Of Confusion
• Honest Concurrent Use
• Visual And Aural Similarity
• Registration Requirements