References: [1998] ZASCA 44, 1998 (3) SA 938 (SCA), [1998] 3 All SA 175 (A)
Links: Saflii
Coram: Smalberger, Harms, Marais, Schutz, Plewman JJA
Ratio:(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.
This case is cited by:
- Cited – Starbucks (HK) Ltd and Another -v- British Sky Broadcasting Group Plc and Others SC ([2015] ETMR 31, [2015] ECC 19, Bailii, [2015] UKSC 31, [2015] WLR(D) 229, [2015] 1 WLR 2628, WLRD, Bailii Summary, [2015] 3 All ER 469, [2015] FSR 29,#, UKSC 2013/0274, SC, SC Summary)
The court was asked whether, as the appellants contend, 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 . .
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Last Update: 28-Jun-16
Ref: 566014
