In a rare IP law decision in Namibia, the High Court has made it
clear that it takes IP seriously, that English and South African IP
decisions are very relevant, and that anyone alleging passing off
will need to submit compelling evidence to establish that they have
the necessary reputation.
The decision in the case of Mega Power Centre CC trading as
Talisman Plant & Tool Hire v Talisman Franchise Operations
(Pty) Ltd and Others was handed down on 28 October 2016 (there
was an earlier decision, which we have
reported on previously). The facts of the case were
straightforward. A Namibian businessman started a plant tool hire
business in 2006 under the name Talisman Plant and Tool Hire. At
the time, he had been aware that there was a company in
neighbouring South Africa that offered a similar service under the
name Talisman, but his investigations showed that this company had
never done business in Namibia. In 2013, the businessman learned
that a competitor business
