n Without Prejudice - Pruning the protea : not the law reports

Volume 9, Issue 1
  • ISSN : 1681-178X



The applicant is the Plant Breeders Association of South Africa. Like all breeders, they are jealous of who their offspring mix with. After some recent controversy, a decision was taken to put a shared emblem on the South African Rugby team's jersey. There is both a springbok and a protea. The applicants want their trademark, the protea, removed from the jersey as it is, they say, inappropriate. The Trademark Act, 1993 precludes the use of a mark in a manner which would be likely to cause deception or confusion. The suggestion that rugby players rely on flower power rather than brute force is, they contend, deception.

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