South Africa Case Law

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243)

Rostruct Mining (Pty) Limited v Rosond (Pty) Limited and Another (2013/76243) [2017] ZAGPPHC 402; 2017 BIP 194 (GP) (28 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

2013/76243

Judge

L Adams

The court held that the applicant failed to exhaust internal remedies provided under the ECT Act regulations, specifically the appeal process, before approaching the High Court. Regulation 11(1) does not permit bypassing these remedies; it only allows for parallel litigation on related matters, such as trade mark infringement, not direct review of the adjudicator's decision. The application is therefore premature and the court lacks jurisdiction. Alternatively, the doctrine of res judicata applies, as the adjudicator's decision on the same issue between the same parties precludes further liti…

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• Domain Name Disputes
• Abusive Registration
• Exhaustion Of Internal Remedies
• Res Judicata
• Trade Mark Rights

Nuwater PTE Ltd and Another v Grahamtek Holdings Ltd and Another (7051/2016)

Nuwater PTE Ltd and Another v Grahamtek Holdings Ltd and Another (7051/2016) [2016] ZAWCHC 113 (1 September 2016)

Court

Western Cape High Court, Cape Town

Case number

7051/2016

Judge

K M Savage

The High Court found the respondents’ website misrepresented their rights, history, and project involvement, amounting to unlawful competition and passing off.

• Unlawful Competition
• Passing Off
• Misrepresentation
• Trade Mark Rights
• Exclusive Use Rights
• Interdictory Relief

Andritz Delkor (Pty) Ltd v Bateman Engineered Technologies and Others (48245/11)

Andritz Delkor (Pty) Ltd v Bateman Engineered Technologies and Others (48245/11) [2012] ZAGPPHC 347; 2012 BIP 362 (GNP) (4 December 2012)

Court

North Gauteng High Court, Pretoria

Case number

48245/11

Judge

Van der Byl

The applicant failed to establish the necessary reputation and goodwill in the DELKOR trade mark, either in its own right or as transferred from its predecessors. The evidence presented did not substantiate the existence of a distinctive reputation in the mark, nor did it demonstrate that the fifth respondent's use of DELKOR in conjunction with BATEMAN was likely to cause confusion or misrepresentation among the relevant public. The instances of alleged confusion were either not genuine or related to entities not trading in South Africa. Both parties operate in a specialised industry where cu…

Source excerpt

• Passing Off
• Trade Mark Rights
• Goodwill And Reputation
• Unlawful Competition
• Assignment Of Intellectual Property
• Misrepresentation

Commissioner for South African Revenue Service and Another v Sterling Auto Distributors CC In Re: Bayerische Motoren Werke and Another v Sterling Auto Distributors CC and Others (A1796/04)

Commissioner for South African Revenue Service and Another v Sterling Auto Distributors CC In Re: Bayerische Motoren Werke and Another v Sterling Auto Distributors CC and Others (A1796/04) [2005] ZAGPHC 108; 68 SATC 241 (14 October 2005)

Court

High Courts - Gauteng

Case number

A1796/04

Judges

J M C Smit, M F Legodi, A P Ledwaba

The High Court allowed BMW and Mercedes to intervene, admitted further evidence, and upheld SARS’s appeal, finding the container was lawfully detained.

• Intervention In Appeal
• Admission Of Further Evidence
• Counterfeit Goods Act
• Customs And Excise Act
• Trade Mark Rights
• Urgent Application Procedure

Commissioner for the South African Revenue Service v SA Silicone Products (Pty) Ltd (358/02)

Commissioner for the South African Revenue Service v SA Silicone Products (Pty) Ltd (358/02) [2004] ZASCA 3; [2004] 2 All SA 1 (SCA); 66 SATC 131 (5 March 2004)

Court

Supreme Court of Appeal

Case number

358/02

Judges

Howie, Marais, Zulman, Cloete, Heher

The Supreme Court of Appeal held that a trade mark licence was not property similar in nature to a trade mark for s 11(gA)(iii) tax relief.

• Income Tax Deductions
• Intellectual Property Licensing
• Trade Mark Rights
• Goodwill Valuation
• Income-tax-deductions
• Trade-mark-licensing