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Ramada International Inc. v Ramada Investments (Pty) Ltd (CT030Mar2015) [2015] ZACT 66 (22 July 2015)
The Companies Tribunal found Ramada Investments’ name confusingly similar to the RAMADA trademark and ordered it to change its name within 90 days.
Fairhaven Country Estate (Pty) Ltd v Harris and Another (735/2015) [2015] ZAWCHC 100; 2015 (5) SA 540 (WCC); [2015] 3 All SA 618 (WCC); 2015 BIP 506 (WCC) (8 July 2015)
The High Court granted an interdict over disputed Fairhaven domain names, finding the domains had become linked to the applicant’s goodwill and that threatened use by the respondent would amount to passing off.
Pick 'n Pay Retailers (Pty) Ltd v Commissioner of South African Revenue Services and Others (13354/2007) [2008] ZAWCHC 24; 2008 BIP 187 (C); 71 SATC 52 (6 May 2008)
The court found that the seizure warrant was lawfully issued under section 6(1) of the Counterfeit Goods Act, as the magistrate had reasonable grounds to believe that an act of dealing in counterfeit goods had occurred or was likely to occur. The applicant was not entitled to a hearing prior to the ex parte application, as the statute did not require compliance with the rules of natural justice in this context. The applicant failed to discharge the onus of proving that the seized goods were not counterfeit, both in respect of copyright and trade mark claims. The evidence presented by the four…
Source excerpt
McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another; McDonald's Corporation v Dax Prop CC and Another; McDonald's Corporation v Joburgers Drive-Inn Restaurant (Pty) Ltd. and Another (547/95) [1996] ZASCA 82; 1997 (1) SA 1 (SCA); [1996] 4 All SA 1 (A); (27 August 1996)
The Supreme Court of Appeal held McDonald's marks were well-known in South Africa and protected them under section 35, granting interdicts and refusing expungement.
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