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South Africa Case Law

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Commercial And Corporate [2011] ZAWCHC 491

3 Jerks Manufacturing CC v Vital Health Foods (Pty) Ltd (22452/2011)

3 Jerks Manufacturing CC v Vital Health Foods (Pty) Ltd (22452/2011) [2011] ZAWCHC 491; 2011 BIP 423 (WCC) (2 December 2011)

Court
Western Cape High Court, Cape Town
Case number
22452/2011
Judge
J I Cloete

High Court passing-off dispute over the name “CholesterolEase” failed because the term was found descriptive, not distinctive, and no confusion was proved.

  • Passing Off
  • Trade Name Distinctiveness
  • Secondary Meaning
  • Aural Confusion
  • Advertising Value
  • Unlawful Competition
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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.

Source links and collection timestamps are retained alongside the indexed records.