n Without Prejudice - Decoration as a defence : intellectual property

Volume 10, Issue 9
  • ISSN : 1681-178X



The Supreme Court of Appeal held in the Verimark case that use of a mark, other than as a trade mark, does not amount to trade mark infringement. A question that arises is whether or not the decorative use of a mark amounts to trade mark use and what factors should be taken into account in making the determination?

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