n Without Prejudice - The narrowing divide : intellectual property

Volume 15, Issue 6
  • ISSN : 1681-178X



It seems to this writer that trade mark infringement as a cause of action is incrementally converging with passing off through development of the former in the courts, most notably, those of Europe. In the European courts, this development has tended to favour the claimant. However, two recent South African cases illustrate just how such development can favour the defendant and possibly undermine the value of registered trade marks.

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