Trade Mark Copying - Taking It To Dumax

Rarely do we encounter IP judgments from the Free State so it was inevitable that we would cover this recent judgment of the Free State Division of the High Court, AkzoNobel Coatings International B.V & Another v Dumax Paints (Pty) Ltd and Others.

The facts

AkzoNobel Coatings International B.V. is a Netherlands-based conglomerate that owns the paint brand Dulux. The company, together with its South African subsidiary, AkzoNobel South Africa (Pty) Ltd, instituted legal proceedings against a Bloemfontein-based company called Dumax Paints (Pty) Ltd, a company that sells paint in South Africa under the trade mark Dumax. The proceedings were brought under Section 34 of the Trade Marks Act, covering both trade mark infringement and dilution. They also covered passing-off, as well as certain sections of the Companies Act, that deal with changes of name.