South Africa Case Law

National Brands Limited v Cape Cookies CC and Another (24206/17)

National Brands Limited v Cape Cookies CC and Another (24206/17) [2021] ZAGPPHC 863; 2021 BIP 13 (GP); [2021] HIPR 196 (GP) (20 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

24206/17

Judge

Le Roux

The court found that National Brands Limited failed to establish that the SNACKCRAX trade mark is inherently deceptive or likely to cause confusion or deception among consumers. The evidence of actual confusion was insufficient, and years of parallel trading without widespread confusion supported the conclusion that the marks are not identical or sufficiently similar to cause confusion as to the origin of the goods. The CRAX element was not found to be distinctive enough to confer exclusivity, and the overall visual, aural, and conceptual differences between SALTICRAX and SNACKCRAX were signi…

Source excerpt

• Trade Mark Registration
• Likelihood Of Confusion
• Distinctiveness
• Bad Faith Registration
• Well Known Mark
• Extension Of Opposition Period

Arbiter Di Marciano Alfonso & C.S.N.C. v Adamo Exclusive Mens Wear CC t/a Papoutsi (55428/2015)

Arbiter Di Marciano Alfonso & C.S.N.C. v Adamo Exclusive Mens Wear CC t/a Papoutsi (55428/2015) [2017] ZAGPPHC 7 (16 January 2017)

Court

North Gauteng High Court, Pretoria

Case number

55428/2015

Judge

A.A. Louw

The High Court refused registration of the ARBITER trade mark in class 25, finding the application was mala fide after the applicant had long dealt in the opponent’s branded goods.

• Trade Mark Registration
• Mala Fide Application
• Well Known Mark
• Passing Off
• Deceptive Mark
• Trade-mark-registration