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South Africa Case Law

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Intellectual Property [2000] ZASCA 36

Mars Incorporated v Cadbury (Swaziland) (Pty) Ltd. and Another (427/98)

Mars Incorporated v Cadbury (Swaziland) (Pty) Ltd. and Another (427/98) [2000] ZASCA 36; 2000 (4) SA 1010 (SCA) (8 September 2000)

Court
Supreme Court of Appeal
Case number
427/98
Judges
Harms, Marais, Plewman, Melunsky, Mpati

The court held Cadbury’s defensive trade marks could not be attacked on grounds going to their original registration after seven years, and dismissed Mars’s appeal.

  • Defensive Trade Marks
  • Trade Marks Act 1963
  • Trade Marks Act 1993
  • Likelihood Of Confusion
  • Statutory Passing Off
  • Defensive-trade-marks
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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.