South Africa Case Law

Value Car Group Limited and Another v Value Car Hire (Pty) Ltd and Others (10422/03)

Value Car Group Limited and Another v Value Car Hire (Pty) Ltd and Others (10422/03) [2005] ZAWCHC 23; [2005] 4 All SA 474 (C); 2005 BIP 172 (C) (13 April 2005)

Court

Western Cape High Court, Cape Town

Case number

10422/03

Judge

R B Cleaver

The High Court dismissed an application to stop use of the word “Value” in car hire branding, finding no proved reputation, confusion, or trade mark infringement.

• Passing Off
• Trade Mark Infringement
• Secondary Meaning
• Trade Practices Act
• Likelihood Of Confusion
• Passing-off

Reckitt & Colman SA (Pty) Ltd v S C Johnson & Son SA (Pty) Ltd (203/90)

Reckitt & Colman SA (Pty) Ltd v S C Johnson & Son SA (Pty) Ltd (203/90) [1991] ZASCA 181; 1993 (2) SA 307 (AD); [1993] 1 All SA 27 (A) (28 November 1991)

Court

Supreme Court of Appeal

Case number

203/90

Judges

Corbett, Nestadt, Vivier, Goldstone, Harms

The court found no reasonable likelihood of confusion or deception between Brasso and Brillo brass polish, as the respective containers were clearly marked with distinct trademarks and design elements. The similarities in container shape and colour were not sufficient to cause confusion, and the survey evidence presented by the appellant was flawed and unreliable. The appellant failed to prove that the respondent used the Brillo trade mark without the owner's assent, as evidence showed the respondent had permission to use the mark. The legend 'Working Hard 75 Years' was ambiguous but not obje…

Source excerpt

• Passing Off
• Trade Mark Infringement
• False Advertising
• Merchandise Marks Act
• Trade Practices Act

Caxton Ltd. and Others v Reeva Forman (Pty) Ltd. and Another (393/88)

Caxton Ltd. and Others v Reeva Forman (Pty) Ltd. and Another (393/88) [1990] ZASCA 47; 1990 (3) SA 547 (AD); [1990] 2 All SA 300 (A) (17 May 1990)

Court

Supreme Court of Appeal

Case number

393/88

Judges

Corbett, Hoexter, E M Grosskopf, Friedman, Nienaber

Appeal in defamation damages case against magazine publishers. Damages for the first respondent were reduced; the award against the second respondent stood.

• Defamation
• Quantification Of Damages
• Business Reputation
• Special And General Damages
• Trade Practices Act
• Pyramid Selling