Your (un)fair advantage

Abdulhay M Mayet Group (Pty) Limited v Renasa Insurance Co Ltd 1999 (4) SA 10393 (T)
29/01/1999

The Court held that factors such as honest concurrent use did not constitute a statutory defence to trade mark infringement. A stay of proceedings would only be granted in exceptional circumstances, none of which were present in these proceedings.

Further, the Court held that the fact that certain parts of the trade mark had been disclaimed did not mean that they were regarded as pro non scripto. When the true meaning of the trade mark was considered, all the words comprising the trade mark had to be taken as an integrated whole.

This judgement confirmed that honest concurrent use can not be used as a defence to trade mark infringement.
  Featured Act Commentaries on Counterfeit Goods Act
The Counterfeit Goods Act no. 37 of 1997 enables the owner of an "intellectual property right" or any other person with an interest in goods bearing or embodying such rights ("the protected goods") to act speedily and effectively against persons involved in counterfeiting activity, on both a criminal and a civil basis.
Download act 		  Featured Case Law South African Breweries International B.V. t/a SABMARK International v. Laugh It Off Promotions
The applicant is a company registered in Rotterdam, Netherlands, and trades in and controls the trade in a large range of products, largely alcoholic and non-alcoholic beverages. The respondent is a close corporation and offers for sale T-shirts bearing marks which are similar to a number of well-known trade marks, including those of the applicant. It does so through advertising on the internet.
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Tiaan Smuts
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The firm practises directly in several Southern African countries and through long-established associates in others.