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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 Nive...

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 ...

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...