TPN Group (Pty) Limited v Ebay Inc (37922/13)
TPN Group (Pty) Limited v Ebay Inc (37922/13) [2015] ZAGPPHC 190; 2017 BIP 57 (GP); 2015 BIP 213 (GP) (16 March 2015)
The court found that although the RENTBAY mark shares the 'Bay' element with eBay's marks, both marks consist of two equally significant features, and the combination of 'Rent' and 'Bay' in TPN's mark is sufficiently distinct from eBay's use of 'eBay'. The word 'Bay' is not an invented word and is commonly used in other trade marks. The services for which TPN seeks registration are either not identical or only superficially similar to those covered by eBay's registrations. The evidence did not establish a reasonable likelihood of confusion or deception among the public. The court also found t…
Source excerpt
- Trade Mark Registration
- Likelihood Of Confusion
- Well Known Marks
- Paris Convention Protection
- Distinctive Character
- Reputation In Trade Marks