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South Africa decisions
Decisions matching the current search
Lee Riders Motorcycle Club v Jacobs and Another (027612) [2024] ZAGPPHC 568 (17 May 2024)
The High Court held that the motorcycle club, not a resigned member or his NPC, was the proprietor of the Lee Riders marks and refused registration.
Jump Sport CC t/a World of Sport and Entertainment and Another v Blue Bulls Company (Pty) Ltd (12960/2010) [2013] ZAGPPHC 101; 2013 BIP 251 (GNP) (15 April 2013)
The court found that the defendants' application to amend their plea and counterclaim should be granted, as the plaintiff's opposition was based solely on a demand for security for costs, which is not a valid ground for objection to amendment. The issues raised in the counterclaim are substantially the same as those in the main action, and requiring security would be inappropriate and potentially infringe the defendants' constitutional right of access to courts. The plaintiff failed to demonstrate that the counterclaim was vexatious or without prospects of success. Regarding discovery, the Vo…
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Dayani v Talium Investments (Pty) Ltd and Others (9148/2012) [2013] ZAGPPHC 558 (26 February 2013)
The court found that the adjudicators complied with all material procedures prescribed by the regulations and acted fairly in the domain name dispute process. The applicant was legally represented and had the opportunity to object or request to respond to new facts but failed to do so. The grounds for review were vague and unsupported by evidence. The adjudicators correctly applied the law regarding trade mark proprietorship and the principle of priority in time. There was no procedural unfairness, error of law, or improper exercise of discretion. The application for review was dismissed as n…
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Victoria's Secret Inc v Edgars Stores Ltd. (428/92) [1994] ZASCA 43; 1994 (3) SA 739 (AD); [1994] 4 All SA 307 (AD) (28 March 1994)
The court held that South African trade mark rights turn on local use or a real intention to use, not foreign reputation, and dismissed Victoria's Secret's appeal.
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