n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Passing off by the seller of a business, the passing-off action, and the right to the distinctive mark and the right to goodwill : : case comments

Volume 22, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The facts of ([2010] JOL 24748 (WCC) ()) were briefly as follows. The respondent sold its business, Incledon Cape, to the applicant in 2001. It remained a direct competitor of the applicant under the name DPI Phumela as it was entitled to do. After five years the respondent renamed its business Incledon DPI, intending to trade under a style of business similar to that which was sold. The applicant sought an interdict restraining the respondent from passing off its business as that of the applicant, or as being associated with the applicant in the course of trade by using the trade name, mark and trading style Incledon or any derivative thereof.

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