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Zimbabwe decisions
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INNSCOR Africa Limited v Slice Distributors (Pvt) Ltd and Another (6 of 2023) [2023] ZWHHC 441 (11 January 2023)
The High Court dismissed Innscor’s trademark infringement and passing off claims over the Chicken Inn and Chicken Slice branding, finding no sufficient confusion or proven goodwill.
Lion Match Zimbabwe Limited and Another v Lion Match (Proprietary) Limited (93 of 2022) [2022] ZWSC 93 (29 July 2022)
The Supreme Court held that a valid, still-registered trade mark in the appellants’ name barred registration of confusingly similar marks by the respondent.
Marshall and Another v Atulepe Investments (Proprietary } Limited t/a Workboss Hardware (195 of 2022) [2022] ZWHHC 195 (25 March 2022)
The High Court held that Safe Top trademarks were valid and infringed by the respondent, rejected prior use and passing off, and ordered an account of profits and costs.
Sony Pictures Television UK Rights Limited v C Media Africa (Private) Limited and Another (129 of 2021) [2021] ZWSC 129 (29 October 2021)
The Supreme Court of Zimbabwe held that a television format is not protected as an audio-visual work under the Copyright and Neighbouring Rights Act, and dismissed the appeal.
Cairns Foods Limited v Netrade Marketing (Private) Limited (106 of 2021) [2021] ZWSC 106 (5 October 2021)
Supreme Court of Zimbabwe held that Netrade’s jam packaging using “ROYAL SUN” with fruit imagery infringed Cairns Foods’ SUN mark and amounted to passing off.
Creative Credit (Pvt) Ltd v Tomu & 3 Ors (HC 1709 of 2021; HH 255 of 2021) [2021] ZWHHC 255 (20 May 2021)
The High Court dismissed an urgent interdict for unlawful competition, finding Creative Credit had not proved passing off, customer diversion, or misuse of confidential information.
Sekard Learning Development Solution (Pvt) Ltd. v Routhy Word Eduction Adventure & Anor (HC 2629 of 2017; HH 247 of 2017) [2017] ZWHHC 247 (19 April 2017)
The High Court granted an urgent provisional interdict restraining respondents from using the applicant’s business information or holding out association, finding passing off through a misleading Facebook page.
Tonbridge Assets Ltd. & Anor v Livera Trading (Pvt) Ltd. & Anor (HC 803 of 2017; HH 122 of 2017) [2017] ZWHHC 122 (24 February 2017)
Urgent chamber application to restrain alleged trademark infringement and contempt was dismissed after the court found respondents held registered trademarks.
Vivon Inv. (Pvt) Ltd. v Win-King Inv. (Pvt) Ltd. (HC 1475 of 2016; HH 272 of 2016) [2016] ZWHHC 272 (4 March 2016)
The High Court granted Vivon a provisional interdict against Win-King for alleged trademark infringement, passing off, and related packaging misuse.
Dr. Achinulo v Dr. Gazi & Ors (HC 1363 of 2014) [2015] ZWBHC 198 (7 October 2015)
The High Court dismissed an interdict application over use of the name Parkade Clinic, finding no proven exclusive right, goodwill, or passing off.
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