Pepsico Inc v Atlantic Industries (983/2016)
Pepsico Inc v Atlantic Industries (983/2016) [2017] ZASCA 109; 2017 BIP 122 (SCA) (15 September 2017)
The court found that the respondent's marks TWIST, LEMON TWIST and DIET TWIST are not purely descriptive but are inherently capable of distinguishing Atlantic's soft drinks from those of other producers. The word 'twist' does not describe the goods in a manner that other traders would legitimately wish to use, and its use is arbitrary in this context. The evidence showed extensive use and recognition of the TWIST mark by Atlantic. Regarding the appellant's proposed marks, the court held that the incorporation of 'TWIST' as the sole distinctive feature of Atlantic's marks into Pepsico's propos…
Source excerpt
- Trade Mark Registration
- Distinctiveness Of Marks
- Likelihood Of Confusion
- Expungement Of Trade Marks
- Sub Branding
- Comparative Mark Analysis