South Africa Case Law

Swatch AG (Swatch SA) v Apple Inc (68438/2016)

Swatch AG (Swatch SA) v Apple Inc (68438/2016) [2018] ZAGPPHC 966 (31 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

68438/2016

Judge

Fabricius

The court found that the determination of confusing similarity between SWATCH and IWATCH depended on a holistic comparison of the marks, considering their visual, aural, and conceptual aspects. The court accepted that SWATCH is an ordinary English word and that the word 'watch' has lost its identity within it. The marks differ in pronunciation and conceptual meaning, with SWATCH being monosyllabic and IWATCH pronounced 'eye-WATCH'. The court held that the similarities in the last five letters do not outweigh the differences in the overall impression of the marks. The court also found that not…

Source excerpt

• Trademark Opposition
• Confusing Similarity
• Passing Off
• Likelihood Of Deception
• Distinctive Character
• Comparison Of Marks

Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (4890/2014)

Lucky Star Ltd v Lucky Brands (Pty) Ltd and Others (4890/2014) [2014] ZAWCHC 197; 2014 BIP 381 (WCC) (18 December 2014)

Court

Western Cape High Court, Cape Town

Case number

4890/2014

Judge

Rogers

The court found that the applicant's 'Lucky Star' marks and the respondents' 'Lucky Fish' and 'Lucky Fish & Chips' marks are not sufficiently similar to create a likelihood of deception or confusion among consumers. The marks differ in their composite expressions, visual appearance, and the goods and services to which they are applied. The applicant's products are canned fish sold in retail outlets, while the respondents operate restaurant and takeaway outlets selling cooked fish. The word 'Lucky' is a common adjective and not distinctive on its own; the dominant features of the marks are the…

Source excerpt

• Trade Mark Infringement
• Company Name Confusion
• Likelihood Of Deception
• Dilution
• Fair And Normal Use
• Distinctiveness

Blue Lion Manufacturing (Pty) Ltd v National Brands Ltd (286/2000)

Blue Lion Manufacturing (Pty) Ltd v National Brands Ltd (286/2000) [2001] ZASCA 62; [2001] 4 All SA 235 (A); 2001 (3) SA 884 (SCA) (18 May 2001)

Court

Supreme Court of Appeal

Case number

286/2000

Judges

Harms, Schutz, Zulman, Cameron, Mthiyane

The Supreme Court of Appeal held that Blue Lion’s Tea Lovers biscuit packaging likely deceived consumers by closely imitating National Brands’ Tennis get-up.

• Passing Off
• Get Up Imitation
• Likelihood Of Deception
• Unlawful Competition
• Passing-off
• Get-up-imitation