South Africa Case Law

Renian Distributors (Pty) Ltd v Crown Footwear (Pty) Ltd and Another (3898/2022)

Renian Distributors (Pty) Ltd v Crown Footwear (Pty) Ltd and Another (3898/2022) [2024] ZAKZDHC 4 (1 February 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

3898/2022

Judge

Dutton AJ

The court found that Crown Footwear (Pty) Ltd has locus standi as an 'interested person' under section 27(1)(a) of the Trade Marks Act, as it is substantially affected by Renian's trade mark registrations and remains the owner of the domain name overlandsa.co.za. The evidence established that Renian did not have a bona fide intention to use its trade marks in relation to camping gear and accessories, and/or clothing, footwear and accessories, nor has it actually used the marks in these categories. The specification of Renian's trade marks was overbroad and commercially incoherent in relation…

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• Trade Marks Act
• Rectification Of Register
• Non Use Of Trade Mark
• Locus Standi
• Specification Limitation

LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650/2020)

LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650/2020) [2022] ZASCA 161 (25 November 2022)

Court

Supreme Court of Appeal

Case number

650/2020

Judges

Ponnan, Makgoka, Schippers, Plasket, Phatshoane

The Supreme Court of Appeal amended its earlier trade mark order to correct a patent error in the registration number from 2013 to 2014.

• Trade Mark Registration
• Rectification Of Register
• Patent Error Correction
• Trade-mark-registration
• Rectification-of-register
• Patent-error-correction

Labuschagne and Others v Menlyn Brake and Clutch CC and Others (44518/18)

Labuschagne and Others v Menlyn Brake and Clutch CC and Others (44518/18) [2020] ZAGPPHC 39 (27 January 2020)

Court

North Gauteng High Court, Pretoria

Case number

44518/18

Judge

Ranchod

The High Court declared that the applicants were beneficial owners of member’s interests in a close corporation, but refused a forced buy-out.

• Close Corporations Act
• Beneficial Ownership
• Locus Standi
• Business Valuation
• Rectification Of Register
• Close-corporations-act

Atlantic Industries v Pepsico Inc. (A479/2014)

Atlantic Industries v Pepsico Inc. (A479/2014) [2016] ZAGPPHC 514; 2016 BIP 169 (GP) (26 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A479/2014

Judges

J W Louw, Prinsloo, Meyer

The High Court held that Atlantic’s TWIST marks were distinctive and that PEPSI TWIST was too similar, so Pepsico’s applications were refused.

• Trade Mark Registration
• Distinctiveness
• Likelihood Of Confusion
• Rectification Of Register
• Trade Mark Infringement
• Trade-mark-registration

Knipe and Others v Lotz and Others (5081/2014)

Knipe and Others v Lotz and Others (5081/2014) [2015] ZAFSHC 125 (25 June 2015)

Court

Free State High Court, Bloemfontein

Case number

5081/2014

Judge

G. J. M. Wright

The court dismissed a shareholding declaratory application, upheld Mrs Knipe’s equal allocation of trust assets, and found the applicants estopped by their prior conduct.

• Shareholder Disputes
• Trust Deeds Interpretation
• Rectification Of Register
• Estoppel
• Liquidation Proceedings
• Shareholder-disputes

University of Pretoria v Registrar of Patents and Others (ZA2004/2575, ZA2005/08679)

University of Pretoria v Registrar of Patents and Others (ZA2004/2575, ZA2005/08679) [2011] ZACCP 3; 2011 BIP 41 (CP) (25 October 2011)

Court

Court of the Commissioner of Patents

Case number

ZA2004/2575, ZA2005/08679

Judge

W R C Prinsloo

The court held that the application for South African patent 2004/2575 lapsed on 1 October 2005 due to the expiry of the extension period for acceptance of the complete specification, as no further application for extension was made, no good cause was shown, and no prescribed fee was paid. The peremptory language of section 40 of the Patents Act prevails over the general extension powers in section 16(2), and the Registrar was not empowered to grant extensions after the application had lapsed. Furthermore, the application also lapsed due to failure to publish the acceptance within the prescri…

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• Patent Lapsing
• Rectification Of Register
• Extension Of Time
• Procedural Irregularity
• Patents Act 1978

Oilwell (Pty) Ltd v Protec International Ltd and Others (295/10)

Oilwell (Pty) Ltd v Protec International Ltd and Others (295/10) [2011] ZASCA 29; 2011 (4) SA 394 (SCA); 2011 BIP 400 (SCA) (18 March 2011)

Court

Supreme Court of Appeal

Case number

295/10

Judges

Harms, Lewis, Ponnan, Malan, Theron

The Supreme Court of Appeal held that trade marks are not 'capital' within the meaning of regulation 10(1)(c) of the Exchange Control Regulations. The term 'capital' is used in a financial sense and does not include all assets with monetary value. Trade marks, like other intellectual property rights, are territorial and akin to immovables, and cannot be exported. The assignment of the trade mark to a foreign company did not constitute the export of capital. Furthermore, even if Treasury consent was required, the absence of such consent does not render the assignment agreement void. The Regula…

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• Exchange Control Regulations
• Assignment Of Trade Marks
• Rectification Of Register
• Statutory Interpretation
• Voidness Of Contracts
• Territoriality Of Ip Rights

South African Junior Golf Association and Another v Registrar of Companies and Another, South African Golf Association v South African Junior Golf Association and Others (7187/08)

South African Junior Golf Association and Another v Registrar of Companies and Another, South African Golf Association v South African Junior Golf Association and Others (7187/08) [2009] ZAWCHC 174; 2009 BIP 204 (WCC) (9 November 2009)

Court

Western Cape High Court, Cape Town

Case number

7187/08

Judge

Traverso

The court set aside an order requiring a junior golf association to change its name and dismissed a trade mark expungement and interdict counterclaim.

• Company Name Objection
• Trade Mark Expungement
• Likelihood Of Confusion
• Section 21 Company
• Rectification Of Register
• Company-name-objection

Meerensee Resort Limited v Meerensee Share Block Limited and Another (8381/06)

Meerensee Resort Limited v Meerensee Share Block Limited and Another (8381/06) [2009] ZAWCHC 52 (17 February 2009)

Court

Western Cape High Court, Cape Town

Case number

8381/06

Judge

Denzil Potgieter

The court validated an omitted share allocation and ordered issue of B-shares to the applicant, rejecting prescription, estoppel, non-joinder, and section 221 objections.

• Companies Act 1973
• Share Allotment
• Rectification Of Register
• Validation Of Irregular Share Issue
• Prescription Act
• Estoppel

Century City Property Owners Association (A Section 21 Company) v Century City Apartments Property Services CC and Others (17225/2005)

Century City Property Owners Association (A Section 21 Company) v Century City Apartments Property Services CC and Others (17225/2005) [2008] ZAWCHC 63; 2008 BIP 267 (C) (26 November 2008)

Court

Western Cape High Court, Cape Town

Case number

17225/2007

Judge

D M Davis

The court held that Century City was a protectable trade mark, rejected rectification, and restrained the respondent’s use in its name, domain, and website.

• Trade Mark Infringement
• Passing Off
• Rectification Of Register
• Geographical Indication
• Close Corporation Name
• Bona Fide Descriptive Use