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South Africa decisions
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LA Group (Pty) Ltd v Glencarol (Pty) Ltd (050755/2022) [2024] ZAGPPHC 822 (8 August 2024)
The High Court held that the respondent’s horse-and-rider device infringed LA Group’s POLO device marks and amounted to passing off in relation to socks.
E-Travel (Pty) Limited v Amadeus I.T. Group SA and Another (74849/16) [2017] ZAGPPHC 794 (3 November 2017)
The court found that, although the marks are not strikingly similar when placed side by side, the test is whether there is a reasonable likelihood of confusion in the marketplace. The Applicant and First Respondent operate in the same field, and the Applicant's mark enjoys market reputation. The First Respondent failed to distinguish its mark sufficiently and did not discharge its onus to show that its mark qualifies for registration under the Trade Marks Act. The risk of confusion, particularly due to imperfect recollection by consumers, is significant. The court also disregarded annexed doc…
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Honda Giken Kogyo Kabushiki Kaisha t/a honda Motor Co Ltd v Big Boy Scooter (24784/16) [2017] ZAGPPHC 513 (25 August 2017)
Trade mark infringement dispute over motorcycle marks CGL125 and CRF. The court found infringement for CGL and CRF-related uses, but not for CCL.
SNT (Pty) Limited v Commissioner of the South African Revenue Services and Others (3917/2007) [2007] ZAGPHC 48; 2007 BIP 189 (T) (3 April 2007)
The High Court upheld customs detention of soccer balls bearing the PELE mark, finding prima facie grounds of counterfeiting and well-known mark protection.
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