In this article, we discuss a recent, lengthy and somewhat
unusual South African trade mark infringement/passing-off judgment,
Woodlands Dairy Proprietary Limited v Sansom Farming CC, Tre
Computers (Pty) Ltd and ZAN Central Registry NPC, Judge Dippenaar,
Gauteng High Court,10 March.
The parties
The applicant in this case, Woodlands Dairy (Pty) Ltd
(Woodlands), sells dairy products under the trade mark FIRST CHOICE
& Logo
*Image credit
Woodlands has registrations in South Africa for this trade mark
in classes 29, covering goods such as "dairy products and
dairy substitutes; milk and milk products" and 32,
covering goods such as "milk-based beverages and
non-alcoholic drinks". The trade mark in class 32 dates
back to 1995, whilst the trade mark in class 30 dates back to 2006.
Woodlands also owns various other "FIRST CHOICE"
incorporating trade marks in class 29 covering "various milk
and dairy products". The trade mark registrations in classes
29 and 32
