KELLOGG CO v CAIRNS FOODS LTD 1997 (2) ZLR 230 (S)
Citation | 1997 (2) ZLR 230 (S) |
Case No | Judgment No. S-135-97 |
Court | Supreme Court, Harare |
Judge | Gubbay CJ, McNally JA & Ebrahim JA |
Heard | 8 July 1997 |
Judgment | 28 August 1997 |
Counsel | A P de Bourbon SC, for the appellant |
Case Type | Civil appeal |
Annotations | Link to case annotations |
Flynote
Delict — unfair trade practice — passing off — defined — common field of endeavour — two brands of cereals — similar but distinct get-up — passing off not established
Intellectual property — trade marks — registered trade mark — unauthorised use — trade mark for a breakfast cereal — trade mark only partially descriptive — use of descriptive words so nearly resembling those in registered trade mark as to deceive or cause confusion — whether a bona fide description
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.