Caterham Car Sales and Coachworks Ltd v Birkin Cars (Pty) Ltd and Another: 27 May 1998

(South Africa: Supreme Court of Appeal) the plaintiff sought to prevent the defendant, as it claimed, passing off their cars as its own.
Held: On the facts, the case failed. However, the only component of goodwill of a business that can be damaged by means of a passing-off is its reputation and it is for this reason that the first requirement for a successful passing-off action is proof of the relevant reputation.


Smalberger, Harms, Marais, Schutz, Plewman JJA


[1998] ZASCA 44, 1998 (3) SA 938 (SCA), [1998] 3 All SA 175 (A)



Cited by:

CitedStarbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Intellectual Property

Updated: 18 May 2022; Ref: scu.566014