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

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.
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Last Update: 28-Jun-16
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