n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Geographical names : has changed the landscape? : case comments

Volume 23, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The traditional, and still usual, approach to trade-mark litigation, in South Africa and the United Kingdom, has been based on precedent - allege infringement, find a similar decision, quote copiously from it, and then decide whether the facts of that decision are sufficiently similar to those of the case in hand to justify an order. In South Africa, United Kingdom decisions were frequently referred to as authority, as South African legislation was based on British counterparts, despite the fact that substantial differences have developed over time (CE Webster & GE Morley Webster and Page 4 ed (loose-leaf service issue 14) 1-4).

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