South Africa Case Law

ICollege (Pty) Ltd v Xpertease Skills Development and Mentoring CC and Another (106/2022)

ICollege (Pty) Ltd v Xpertease Skills Development and Mentoring CC and Another (106/2022) [2023] ZASCA 70 (24 May 2023)

Court

Supreme Court of Appeal

Case number

106/2022

Judges

Schippers, Mabindla-Boqwana, Matojane, Olsen, Unterhalter

The Supreme Court of Appeal found that the respondent's use of the iCollege mark was visually and phonetically identical to the appellant's registered iCOLLEGE trade marks, with both marks sharing the dominant word element 'iCOLLEGE' and similar logos. The court held that the differences in font, case, and the addition of 'ONLINE LEARNING' did not detract from the overall impression of similarity. The services offered by both parties were found to be identical or closely related, increasing the likelihood of confusion among consumers. The court rejected the respondent's argument regarding the…

Source excerpt

• Trade Mark Infringement
• Likelihood Of Confusion
• Visual And Phonetic Similarity
• Badge Of Origin
• Domain Name Transfer

Takis Biltong (Pty) Ltd v Grupo Bimbo S.A.B DE C.V (A393/2018)

Takis Biltong (Pty) Ltd v Grupo Bimbo S.A.B DE C.V (A393/2018) [2021] ZAGPPHC 837; 2021 BIP 12 (GP); [2021] HIPR 182 (GP) (10 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

A393/2018

Judges

N Davis, B Nemavhidi

The High Court upheld an appeal in a trade mark dispute, finding TAKIS FUEGO deceptively similar to TAKIS and cancelling the respondent’s class 30 application.

• Trade Mark Cancellation
• Likelihood Of Confusion
• Reputation In Trade Mark
• Similar Goods
• Trade Mark Infringement
• Visual And Phonetic Similarity

Shimansky and Another v Browns the Diamons Store (Pty) Ltd (8304/13)

Shimansky and Another v Browns the Diamons Store (Pty) Ltd (8304/13) [2013] ZAWCHC 97; 2013 BIP 286 (WCC) (20 June 2013)

Court

Western Cape High Court, Cape Town

Case number

8304/13

Judge

KM Savage

The High Court held that EVOLYM and EVOLVE were not so similar as to likely deceive or confuse consumers, and dismissed the trade mark infringement application with costs.

• Trade Mark Infringement
• Likelihood Of Confusion
• Visual And Phonetic Similarity
• Onus Of Proof
• S34 Trade Marks Act
• Trade-mark-infringement

National Brands Ltd v Blue Lion Manufacturing (Pty) Ltd (228/99)

National Brands Ltd v Blue Lion Manufacturing (Pty) Ltd (228/99) [2001] ZASCA 17; 2001 (3) SA 563 (SCA) (16 March 2001)

Court

Supreme Court of Appeal

Case number

228/99

Judges

Hefer, Harms, Zulman, Mpati, Nugent

The Supreme Court of Appeal held that Romantic Dreams did not infringe Romany Creams. The marks were not likely to confuse consumers and the appeal was dismissed.

• Trade Mark Infringement
• Likelihood Of Confusion
• Visual And Phonetic Similarity
• Section 34 Trade Marks Act
• Trade-mark-infringement
• Likelihood-of-confusion