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South Africa Case Law

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Commercial And Corporate [2013] ZAWCHC 191

Jordan Winery (Pty) Ltd and Another v Pritchard (11031/12)

Jordan Winery (Pty) Ltd and Another v Pritchard (11031/12) [2013] ZAWCHC 191; 2013 BIP 476 (WCC) (19 December 2013)

Court
Western Cape High Court, Cape Town
Case number
11031/12
Judges
Gamble, L. Van Biljon

The High Court granted an interdict against a winery using the name Sophia, holding that Jordan’s Sophia had acquired reputation and that future confusion was likely.

  • Passing Off
  • Unregistered Trade Mark
  • Secondary Meaning
  • Likelihood Of Confusion
  • Goodwill And Reputation
  • Trade Mark Infringement
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Commercial And Corporate [1992] ZASCA 113

Royal Beech-Nut (Pty) Ltd. t/a Manhattan Confectioners v United Tobacco Company Ltd. t/a Willards Foods (584/90)

Royal Beech-Nut (Pty) Ltd. t/a Manhattan Confectioners v United Tobacco Company Ltd. t/a Willards Foods (584/90) [1992] ZASCA 113; 1992 (4) SA 118 (AD); [1992] 2 All SA 337 (A) (3 June 1992)

Court
Supreme Court of Appeal
Case number
584/90
Judges
Corbett, Hefer, Nestadt, Goldstone, Nicholas

The court rejected a passing-off claim over MANHATTANS potato chips, finding no likely confusion with MANHATTAN confectionery and dismissing the appeal.

  • Passing Off
  • Trade Mark Distinctiveness
  • Unregistered Trade Mark
  • Likelihood Of Confusion
  • Passing-off
  • Trade-mark-distinctiveness
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About this LexChat collection

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.