South Africa Case Law

Shimansky and Another v Browns the Diamons Store (Pty) Ltd (8304/13)

Shimansky and Another v Browns the Diamons Store (Pty) Ltd (8304/13) [2013] ZAWCHC 97; 2013 BIP 286 (WCC) (20 June 2013)

Court

Western Cape High Court, Cape Town

Case number

8304/13

Judge

KM Savage

The High Court held that EVOLYM and EVOLVE were not so similar as to likely deceive or confuse consumers, and dismissed the trade mark infringement application with costs.

• Trade Mark Infringement
• Likelihood Of Confusion
• Visual And Phonetic Similarity
• Onus Of Proof
• S34 Trade Marks Act
• Trade-mark-infringement