Premier Trading Company (Pty) Ltd and Another v Sportopia (Pty) Ltd (218/97)
Premier Trading Company (Pty) Ltd and Another v Sportopia (Pty) Ltd (218/97) [1999] ZASCA 48 (1 June 1999)
The court found that the appellants failed to prove a reputation in the word-mark Bladeline in Durban at the relevant time. The evidence showed that any reputation acquired was in the Jokari mark as the make, with Bladeline functioning only as a model name. The affidavits provided were contradictory and lacked direct customer evidence. The notion of a composite mark was rejected on the facts, as the marks were not used in tandem. Without proof of reputation in Bladeline, there could be no misrepresentation or passing-off. Furthermore, the differences in get-up between the products after redes…
Source excerpt
- Passing Off
- Trade Mark Registration
- Product Confusion
- Reputation In Trade Mark
- Interdict
- Goodwill