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South Africa Case Law

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Intellectual Property [2014] ZASCA 173

Roodezandt Ko-Operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and Another (503/2013)

Roodezandt Ko-Operatiewe Wynmakery Ltd v Robertson Winery (Pty) Ltd and Another (503/2013) [2014] ZASCA 173; 2014 BIP 294 (SCA) (19 November 2014)

The Supreme Court of Appeal upheld removal of the trademark “Robertson Hills,” finding it likely to confuse with the respondent’s “Robertson” marks, but made removal effective from the removal application date.

  • Trademark Rectification
  • Likelihood Of Confusion
  • Distinctiveness Of Geographical Names
  • Retrospective Effect Of Removal
  • Badge Of Origin
  • Wine Of Origin Scheme
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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.