Esheria South Africa Case Law
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South Africa Case Law

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Intellectual Property [2016] ZASCA 146

Pepkor Retail (Proprietary) Limited v Truworths Limited (900/2015)

Pepkor Retail (Proprietary) Limited v Truworths Limited (900/2015) [2016] ZASCA 146; 2016 BIP 286 (SCA) (30 September 2016)

Court
Supreme Court of Appeal
Case number
900/2015
Judges
Navsa, Cachalia, Zondi, Mathopo, Van der Merwe

The court held that THE LOOK was descriptive in fashion retail, lacked distinctiveness, and should be removed from the trade mark register.

  • Trade Mark Registration
  • Distinctiveness
  • Expungement Of Trade Mark
  • Trade Mark Infringement
  • Passing Off
  • Retail Fashion Industry
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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.