n Without Prejudice - Seek and ye shall find : intellectual property




In 39605/13 ZASGHC 29/10/14, Cochrane Steel Products sought an interdict against M-Systems for bidding on its brand name CLEAR VU as a Google Adwords search keyword. The applicant did not have a trade mark registration for its mark and accordingly relied on an action based on unlawful competition. Specifically, it alleged passing off and a species of unlawful competition, "leaning on". Judgement was delivered by Nicholls J on October 29.


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