The decision of the KZN High Court in the case of Distell v KZN
Wines & Spirits is interesting. The facts - Distell had a trade
mark registration covering whisky for the mark Knight's
Gold (with disclaimers of exclusive rights to the surname
'Knight' and the word 'Gold'), and another for a
label featuring the name Knight's, whereas KZN Wines sold a
whisky called Black Knight. Distell sued for trade mark
infringement and passing off.
The court decided that there was no trade mark infringement. The
judge accepted the argument that whisky drinkers are a discerning
lot who are not easily fooled. Said the judge: 'Counsel
for the applicant submitted that both products are sold in a bar or
crowded lounge, and if ordered verbally, the noise would be such
that when a customer articulates the applicant's whisky, the
barman or waiter as the case may be, would be deceived or confused
into believing that the customer is asking for the respondent's
whisky. I do not share these
