Alliance Property Group (Pty) Ltd v Alliance Group Ltd and Another (252/2010)
Alliance Property Group (Pty) Ltd v Alliance Group Ltd and Another (252/2010) [2011] ZASCA 14; 2011 BIP 377 (SCA) (14 March 2011)
The Supreme Court of Appeal found that the dispute remained live as the respondents had not given an undertaking to cease using the name Alliance Group, and thus the appeal was not moot under section 21A. On the merits, the appellant had established a reputation in the name and trading style of Alliance Property Group in KwaZulu-Natal and the Eastern Cape, with the name acquiring a secondary meaning. The respondents' change to Alliance Group Ltd and expansion of services made their business and name strikingly similar to the appellant's, resulting in inevitable confusion and instances of actu…
Source excerpt
- Passing Off
- Proof Of Reputation
- Misrepresentation
- Interdict
- Secondary Meaning
- Likelihood Of Confusion