n Annual Survey of South African Law - Intellectual property law




One may be forgiven for having thought that after the encyclopedic judgment of the Supreme Court of Appeal in 2005 (2) SA 46 (SCA) (discussed in 2005 573ff), further judicial pronouncements could not have added to the development of the law on trade mark dilution under s 34(1)(c) of the Trade Marks Act 194 of 1993. However, the Constitutional Court did do so when reconsidering the matter in amicus curiae) 2006 (1) SA 144 (CC), 2005 (8) BCLR 743. This took place in a hearing in respect of both an application for leave to appeal and the merits. Leave was granted and the appeal was upheld. (It is unnecessary to repeat the facts of the case as they form part of the review of the judgment in the 2005 573.)


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