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South Africa decisions
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Monster Energ Company v Trade Kings SA (Pty) Ltd and Another (33735/18) [2019] ZAGPPHC 569 (17 October 2019)
The High Court dismissed Monster Energy’s opposition to Trade Kings’ trade mark applications, finding the marks and goods not deceptively similar.
Arbiter Di Marciano Alfonso & C.S.N.C. v Adamo Exclusive Mens Wear CC t/a Papoutsi (45297/2014) [2017] ZAGPPHC 8 (16 January 2017)
The court found the applicant's evidence regarding the well-known status of the ARBITER trade mark in South Africa to be vague, sketchy, and lacking in detail. The applicant failed to provide sufficient admissible evidence of sales, market penetration, or reputation outside Gauteng, nor did it present a market survey or other reliable indicators of recognisability. As a result, the requirements of section 35 of the Trade Marks Act were not satisfied. The same evidentiary deficiencies applied to the passing off claim, as there was insufficient proof of reputation or goodwill in South Africa. C…
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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…
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Schlumberger Logelco Inc v Coflexip S A (700/98) [2000] ZASCA 25; 2000 (3) SA 861 (SCA) (25 May 2000)
The Supreme Court of Appeal held that South African patent law can apply to installations in the exclusive economic zone and dismissed the appeal.
McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another; McDonald's Corporation v Dax Prop CC and Another; McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another (547/95) [1996] ZASCA 82; 1997 (1) SA 1 (SCA); [1996] 4 All SA 1 (A); (27 August 1996)
The Supreme Court of Appeal held McDonald's marks were well-known in South Africa and protected them under section 35, granting interdicts and refusing expungement.
Victoria's Secret Inc v Edgars Stores Ltd. (428/92) [1994] ZASCA 43; 1994 (3) SA 739 (AD); [1994] 4 All SA 307 (AD) (28 March 1994)
The court held that South African trade mark rights turn on local use or a real intention to use, not foreign reputation, and dismissed Victoria's Secret's appeal.
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