Levi Strauss & Co. v. Coconut Trousers Manufacturers (Pty) Limited 2001 (3) SA 1285 (SCA)
30/12/2002

The first, and the earlier application was in the name of a local businessman who, evidence revealed, never had any intention to use the mark. After the dispute arose, the Respondent was substituted as the Applicant of this trade mark registration, but the court held that this did not transform the original application into an application in which the Respondent could claim proprietorship by virtue of intention to use the mark. Substitution was not able to retrospectively confer rights on the Respondents which the business had not possessed.

Accordingly, the second, and later, application of the Appellant was given precedence.