ARTICLE · 12 APRIL 2022

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A Trade Mark Case With Soul

ENS

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The trade mark judgment of Golden Fried Chicken (Pty) Ltd v Soul Kitchen Restaurant is highly unusual. While the judgment is certainly interesting, it's not always easy to follow and is worth unpacking.

South AfricaIntellectual Property

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The trade mark judgment of Golden Fried Chicken (Pty) Ltd v Soul Kitchen Restaurant is highly unusual. While the judgment is certainly interesting, it's not always easy to follow and is worth unpacking.

The applicant's case

The applicant, Golden Fried Chicken (Pty) Ltd, is the owner of the Chicken Licken business, and owns, inter alia, the following trade mark registrations in South Africa:

SOUL KITCHEN in class 43 (restaurant services).
SOUL in classes 29 and 30 (foodstuffs), as well as 43.

The applicant claimed that its registrations had been infringed by the respondent, a Plettenberg Bay-based restaurant called East Coast Soul Kitchen, and sought an interdict against the respondent to cease using its trade marks and remove all infringing materials.

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