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South Africa Case Law

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Commercial And Corporate [2015] ZACT 60

Fountainhead Property Trust v Centurion Surbubs Mall (Pty) Ltd (CT003Feb2015)

Fountainhead Property Trust v Centurion Surbubs Mall (Pty) Ltd (CT003Feb2015) [2015] ZACT 60 (14 July 2015)

The Companies Tribunal found Centurion Suburbs Mall (Pty) Ltd’s name confusingly similar to Fountainhead Property Trust’s CENTURION MALL mark and ordered a name change.

  • Company Name Dispute
  • Confusingly Similar Names
  • Trade Mark Reputation
  • Section 11 Companies Act
  • Passing Off
  • Goodwill Protection
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Delict [2011] ZAECPEHC 46

Swartkops Sea Salt v Cerebos Ltd (972/11)

Swartkops Sea Salt v Cerebos Ltd (972/11) [2011] ZAECPEHC 46; 2011 BIP 411 (ECP) (25 October 2011)

The High Court held that Cerebos’s Buffalo braai salt did not pass off as Swartkops’s Marina product because the get ups were sufficiently different.

  • Passing Off
  • Get Up Distinctiveness
  • Likelihood Of Confusion
  • Unfair Competition
  • Trade Mark Reputation
  • Passing-off
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Delict [2010] ZAWCHC 522

Cetrecore CC and Another v Timbacore CC and Others (7268/09)

Cetrecore CC and Another v Timbacore CC and Others (7268/09) [2010] ZAWCHC 522 (1 November 2010)

The court dismissed the main passing-off application, granted the counter-application, and held that late name-change relief under the Close Corporation Act was incompetent.

  • Passing Off
  • Unlawful Competition
  • Close Corporation Name Change
  • Trade Mark Reputation
  • Domain Name Dispute
  • Passing-off
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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.