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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 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. ....
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. ....
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Marketing & Media News in South Africa bizcommunity.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bizcommunity.com Daily Mail and Mail on Sunday newspapers.
Marketing & Media News in South Africa bizcommunity.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from bizcommunity.com Daily Mail and Mail on Sunday newspapers.