Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Intellectual Property [2021] ZAGPPHC 609

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…

  • Trade Mark Infringement
  • Passing Off
  • Badge Of Origin
  • Likelihood Of Confusion
  • Notional Consumer
  • Interdictory Relief
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.