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South Africa Case Law

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Intellectual Property [2015] ZASCA 78

Etraction (Pty) Ltd v Tyrecor (Pty) Ltd (28/5/2015)

Etraction (Pty) Ltd v Tyrecor (Pty) Ltd (28/5/2015) [2015] ZASCA 78; 2015 BIP 253 (SCA) (28 May 2015)

Court
Supreme Court of Appeal
Case number
20185/2014
Judges
Mpati, Brand, Wallis, Saldulker, Mayat

The SCA held that Tyrecor’s predecessor had continuous bona fide prior use of the INFINITY mark for tyres, defeating infringement, and upheld expungement of “tires”.

  • Trade Mark Infringement
  • Prior Bona Fide Use
  • Expungement Of Trade Mark
  • Passing Off
  • Goodwill
  • Registration Ulterior Motive
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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.

Source links and collection timestamps are retained alongside the indexed records.