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Court upholds Nivea Men passing-off claim

Koni Multinational Brands (Pty) Ltd v Beiersdorf AG ((553/19) (2020) ZASCA 24).
Facts
The issue in this case was whether a shower gel product, Connie Men, passed off the long-established brand Nivea Men. The products' similarities were all in the packaging, with both featuring:
a colour combination of blue, white and silver;
an elongated rectangular bottle with a blue base and a silver lid;
a wave-styled label;
the use of bright green lettering.
Decision
To prove passing off, plaintiffs must establish that their mark has a reputation. This proved to be easy for Beiersdorf, given that its Nivea brand had existed in South Africa for many years and that the brand had a 50% market share. Most of the judges (four out of five) had no difficulty in establishing passing off.

South-africa , Supreme-court , Beiersdorf , Koni-multinational-brands-pty-ltdv-beiersdorf , Koni-multinational-brands , Connie-men , உச்ச-நீதிமன்றம் , பெயர்ஸ்ட்கோர்ப்பி , கோனி-ஆண்கள் ,

Nivea Wins Men's Shower Gel Packaging Dispute In South Africa - Intellectual Property

Nivea Wins Men's Shower Gel Packaging Dispute In South Africa - Intellectual Property
mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.

South-africa , Johannesburg , Gauteng , Joseph-nchabeleng , Connie-ferguson , Supreme-court , Beiersdorf , High-court , Multinational-brands , Men-active-shower-gel , Connie-men , Connie-men-active-shower-gel

Nivea claims a smooth victory: South African body-care...

Delene Bertasso
is a senior associate in law firm ENSafrica’s Intellectual Property (IP) department, and is a qualified trade mark practitioner.
The South African Supreme Court of Appeal recently considered the claim of “passing off” in Koni Multinational Brands v Beiersdorf AG. The case concerned shower/bath products and the well-known brand Nivea, which is owned by the German company Beiersdorf.
So, what came out in the wash?
Nivea has been keeping us clean for some time. Beiersdorf commenced business in 1882 and the company’s brand, Nivea, was first adopted in 1911. The get-up for Nivea products has featured the colour combination blue and white (white font on a blue background) since 1925; the product Nivea Men has been around since 1986, and in 2008 there was a revamp of the get-up with the addition of the colour silver.

Germany , South-africa , South-african , German , Beiersdorf-nivea , Delene-bertassois , Tati-makgoka , Ashton-schippers , Connie-ferguson , Holiday-inns-inc , Beiersdorf , Agencies-pty-ltd

THE 100th ISSUE: 100 Innovations, Inventions & Icons From Africa

Forbes Africa
Published 12 hours ago
From Hollywood exports and Grammy artists to award-winning ideas that can save the world, Africa is not only diverse in its people but also in its industries and creativity. For FORBES AFRICA hundredth issue (since the magazine’s inception in 2011), we decided to curate a list celebrating these very ideas, inventions, and influential role models that have spelt Africa’s growth over the last decade.
By Chanel Retief and Simone Umraw
AFRICA, A CONTINENT brimming with beauty and diversity, has produced some of the finest minds and most incredible ideas, be it in business, science, art, or entertainment, thus debunking the many myths, misconceptions, and stereotypes about the continent from the Western world.

Madagascar , Qatar , Chad , United-states , Merwe , Western , Zambia , Paris , France-general , France , United-kingdom , Nairobi

Connie vs Nivea shower gel dispute washes up in court

Connie vs Nivea shower gel dispute washes up in court
iol.co.za - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from iol.co.za Daily Mail and Mail on Sunday newspapers.

Cape-town , Western-cape , South-africa , Johannesburg , Gauteng , Constance-ferguson , Joseph-nchabeleng , Connie-ferguson , Supreme-court , Beiersdorf , Koni-multinational-brands , Connie-men-active-shower-gel