iCollege (Pty) Ltd v Xcellence Skills Development and Mentorship CC and Another (40105/2019)
iCollege (Pty) Ltd v Xcellence Skills Development and Mentorship CC and Another (40105/2019) [2021] ZAGPPHC 609 (20 September 2021)
The court held that the threshold for granting leave to appeal is high and requires a reasonable prospect of success. The applicant failed to demonstrate that another court would reach a different conclusion regarding the similarity of services and marks. The word 'college', even with the prefix 'i', is not sufficiently distinctive to warrant trade mark protection beyond its descriptive use. The court found no reasonable likelihood of confusion or deception among notional consumers, especially given the differences in the nature of the services and target customers. The applicant's criticisms…
Source excerpt
- Trade Mark Infringement
- Passing Off
- Badge Of Origin
- Likelihood Of Confusion
- Notional Consumer
- Interdictory Relief