We've previously touched on the case of
Lucky Star Ltd v Lucky Brands (Pty) Ltd. This litigation
recently came to an end when the Supreme Court of Appeal
("SCA") upheld the first court's
finding (Lucky Star Ltd v Lucky Brands (Pty) Ltd).
In this case, a company that sells tinned fish and has
registrations for its trade mark Lucky Star in respect of
foodstuffs and retail services, sued a company that runs a number
of seafood restaurants and takeaway outlets called Lucky Fish for
trade mark infringement. In a long and complex judgment, the
Western Cape High Court held that there was no infringement.
This finding was taken on appeal, and the SCA handed down a
short, sharp judgment that runs to a mere 13 pages. A reading of
this judgment creates the impression that the SCA felt that South
African courts have, of late, been all over the place when it comes
to issues of trade mark infringement, and that it was time to
clarify these issues.
