Arbiter Di Marciano Alfonso & C.S.N.C. v Adamo Exclusive Mens Wear CC t/a Papoutsi (45297/2014)
Arbiter Di Marciano Alfonso & C.S.N.C. v Adamo Exclusive Mens Wear CC t/a Papoutsi (45297/2014) [2017] ZAGPPHC 8 (16 January 2017)
The court found the applicant's evidence regarding the well-known status of the ARBITER trade mark in South Africa to be vague, sketchy, and lacking in detail. The applicant failed to provide sufficient admissible evidence of sales, market penetration, or reputation outside Gauteng, nor did it present a market survey or other reliable indicators of recognisability. As a result, the requirements of section 35 of the Trade Marks Act were not satisfied. The same evidentiary deficiencies applied to the passing off claim, as there was insufficient proof of reputation or goodwill in South Africa. C…
Source excerpt
- Well Known Trade Mark
- Trade Mark Infringement
- Passing Off
- Paris Convention
- Section 35 Trade Marks Act