Slavin’s Packaging (Pty) Limited vs Space Case Products (Pty) Limited
31/05/1996
In casu, the Appellate Division found that use of the trade mark SPACEY in relation to a child's pencil box infringed the trade mark SPACE CASE, which was registered for, inter alia, pencil boxes, despite the that the trade mark was registered with a disclaimer of the words "space" and "case". Although proprietor of a registered trade mark cannot bring an action for infringement in respect of the unauthorised use of a disclaimed feature, the word used here was not the disclaimed word "space" but "spacey", which the judge held to be confusingly or deceptively similar to SPACE CASE.
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Featured Act
LSSA / RAF – Application for leave to appeal set down for August
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Featured Case Law
Jenni Button restrained from using her own name
The Cape High Court granted an order on 19 September 2008 against the well-known South African clothing designer, Jenni Button, interdicting her from making use in any way of the trade name JENNI BUTTON for purposes of conducting business within the retail clothing trade in South Africa. She was also directed to pay the costs of the application.
The High Court actually dealt with two applications heard simultaneously :
• the first, by Jenni Button against Jenni Button (Pty) Limited (“the company”) and other entities, to transfer to her 30 % of the shares of the company; and
• the second, a counter-application by the company to restrain Jenni Button from using the trade name JENNI BUTTON for purposes of conducting business within the retail trade including as part of the domain name jennibutton.com.
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Featured person
 Featured person
Jac Marais
Partner
Attorney
Tel: +27 (0) 12 432 6356
Email me
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The firm practises directly in several Southern African countries and through long-established associates in others.
