New Media Publishing (Pty) Ltd v Eating Out Web Services CC and Another (6937/03)
New Media Publishing (Pty) Ltd v Eating Out Web Services CC and Another (6937/03) [2005] ZAWCHC 20; 2005 (5) SA 388 (C); 2005 BIP 127 (C) (4 April 2005)
The court found that the applicant's registered trade mark 'Eat Out Guide' and the respondent's mark 'Eating Out' are sufficiently similar in both sense and commercial context, and that the services provided by the respondent's websites are similar to the goods for which the applicant's mark is registered. Evidence of actual confusion among industry participants supported the likelihood of deception or confusion. The applicant succeeded in its trade mark infringement claim under section 34(1)(b) of the Trade Marks Act. However, the court held that 'Eat Out' is primarily descriptive and has no…
Source excerpt
- Trade Mark Infringement
- Passing Off
- Distinctiveness
- Secondary Meaning
- Internet Domain Names