Medical Nutritional Institute (Pty) Limited v Advertisings Standard Authority (15/30142) [2015] ZAGPJHC 317 (18 September 2015)
Court
South Gauteng High Court, Johannesburg
Case number
15/30142
Judge
EF Dippenaar
The High Court granted an interim interdict restraining the Advertising Standards Authority from sanctions and adverse publications against a non-member advertiser pending trial.
Nestle (South Africa) Pty Ltd v Mars Incorporated (333/99) [2001] ZASCA 76; [2001] 4 All SA 315 (A); 2001 (4) SA 542 (SCA) (31 May 2001)
Court
Supreme Court of Appeal
Case number
333/99
Judges
Nienaber, Harms, Mthiyane, Nugent, Chetty
The Supreme Court of Appeal held that the ASA was contractually obliged to consider and rule upon complaints made to it in accordance with its Code of Advertising Practice. The defence of lis alibi pendens was found to be inapplicable because the ASA and the Registrar of Trade Marks are distinct tribunals with different functions, powers, and parties. The ASA could not abdicate or defer its responsibility to the Registrar, even if some aspects of their respective inquiries might coincide. The court further found that Mars Incorporated had properly authorised the proceedings, either at the out…
