We had a rare trade mark decision from the Eastern Cape High
Court recently. It was a full bench (appeal) decision and it dealt
with the issue of whether Cerebos had passed off its braai salt as
that of the company Swartkops Sea Salt.
Swartkops has been selling a braai salt (yellow in colour) for
many years in a particular get-up - an orange plastic
container with a brown cap, the brand name Marina in a white oval
with a blue trim appearing above the words 'Braai Salt',
and a picture of meat on a braai. When Cerebos brought out a braai
salt (also yellow in colour) in a get-up that was very much the
same - with the name Buffalo replacing the name Marina - Swartkops
sued for passing off.
