"The degree of consumer care is
becoming more heightened as the novelty of the Internet evaporates
and online commerce becomes commonplace."
This quote, which comes from a United States
("US") decision, is quoted in the South
African Supreme Court of Appeal's
("SCA's") judgment in the so-called
"Clearvu case" – Cochrane Steel Products (Pty)
Ltd v M-Systems Group (Pty) Ltd and Another (unreported case
no. 227/2015, 27 May 2016).
The Clearvu case (which we covered in a previous
ENSight) was South Africa's first reported case dealing
with whether or not it is unlawful for a company to buy (bid on)
the trade mark of a competitor as a keyword or search term, with a
view to ensuring that when Internet users search that trade mark,
or variations of it, they see the purchasing company's
sponsored links or adverts.
