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South Africa Case Law

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Intellectual Property [2007] ZAGPHC 226

McDonald's International Property Co Ltd v Gianni and Another (A566/2006)

McDonald's International Property Co Ltd v Gianni and Another (A566/2006) [2007] ZAGPHC 226; 2007 BIP 231 (T) (4 October 2007)

Court
High Courts - Gauteng
Case number
A566/2006
Judges
Mynhardt, Murphy, Visser

The court found that the appellant failed to establish sufficient reputation in its Mc/Mac marks as at the relevant date, except for McDonald's itself. The evidence did not show use or reputation in relation to biscuits by the relevant date. The court rejected the application of the series principle under section 10(14), following Supreme Court of Appeal authority. Upon comparison, the court held that the respondent's McBiscuit mark is visually, aurally, and conceptually distinct from the appellant's marks, and that the common Mc/Mac prefix alone does not create a likelihood of confusion or d…

Source excerpt

  • Trade Mark Rectification
  • Likelihood Of Confusion
  • Series Principle
  • Expungement Of Mark
  • Reputation In Trade Mark
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Intellectual Property [1988] ZASCA 133

Hollywood Curl (Pty) Ltd. and Another v Twins Products (Pty) Ltd. (282/87)

Hollywood Curl (Pty) Ltd. and Another v Twins Products (Pty) Ltd. (282/87) [1988] ZASCA 133; [1989] 1 All SA 377 (A) (30 September 1988)

Court
Supreme Court of Appeal
Case number
282/87
Judges
Corbett, Smalberger, Milne, Kumleben, Nicholas

The court held that the appellant's 'Hollywood Curl' mark did not infringe the respondent's registered trade marks, as the only common element was the word 'Hollywood', which was disclaimed in one registration and insufficiently similar in the other. The series principle was found inapplicable to infringement actions involving only two diverse registered marks. However, the court found that the respondent had established a substantial reputation and goodwill in the 'Hollywood' marks through extensive use and advertising in the cosmetics market. The appellant's use of 'Hollywood Curl' was like…

Source excerpt

  • Trade Mark Infringement
  • Passing Off
  • Distinctiveness
  • Series Principle
  • Goodwill
  • Interdict Relief
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About this LexChat collection

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.