Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Golden Fried Chicken (Pty) Ltd v Vlachos and Another (4923/2018) [2020] ZAGPJHC 284; 2020 BIP 379 (GJ) (20 October 2020)
The High Court dismissed Golden Fried Chicken’s trade mark infringement claim over “Soul Souvlaki” and also dismissed the respondents’ non-use and validity counterclaim.
CK3 LLC v Sun Mark Ltd and Another (28524/14) [2014] ZAGPPHC 921; 2014 BIP 283 (GP) (14 November 2014)
The court found that the respondent had not discharged the onus of proving bona fide use of the BULLDOG trade mark as required by section 27(1)(b) of the Trade Marks Act. The respondent's use commenced only after 36 years of non-use, coinciding with settlement negotiations and the applicant's pending registration. The sales were negligible, limited to a single outlet, and not supported by sufficient factual explanation. The court drew a negative inference from the timing and circumstances of the use, concluding that it was orchestrated to frustrate the applicant's registration rather than to…
Source excerpt
Explore more
