AM Moolla Group Ltd and Others v Gap Inc and Others (123/2004)
AM Moolla Group Ltd and Others v Gap Inc and Others (123/2004) [2005] ZASCA 72; [2005] 4 All SA 245 (SCA); 2005 (6) SA 568 (SCA); 2005 BIP 281 (SCA) (9 September 2005)
The Supreme Court of Appeal held that the principle of territoriality governs trade mark rights in South Africa, and foreign use or registration does not preclude local adoption unless the mark was well known in South Africa at the time of local registration. The respondent failed to establish that its GAP marks were well known in South Africa prior to the appellants' adoption, and thus was not entitled to protection under section 35(3) of the Trade Marks Act or Article 6bis of the Paris Convention. The court found that the appellants failed to prove bona fide use or permitted use of the regi…
Source excerpt
- Trade Mark Registration
- Well Known Marks
- Territoriality Principle
- Non Use Expungement
- Paris Convention
- Trade Mark Infringement