This week on
#SandtonDiscussion, the group takes a look at the case of Chantelle v Designer Group (Pty) Ltd. This judgment was handed down in the North Gauteng High Court
on 24 April 2015.
It is an appeal
against the dismissal by the Registrar of Trade Mfashionmg-style.com marks of the Chantelle’s
opposition to the registration of the trade mark CHANTELLE which has applied
for in class 3 (cosmetics etc) by the South Africa company Designer Group. Chantelle
is a French company which has registered the trade mark CHANTELLE in South
Africa covering items of fashion, in particular, intimate apparel,
underclothing and swim suits in class 25. The key question is whether these goods
in class 25 are similar to those in class 3 such there exists a likelihood of
confusion.
RSA already has a similar decision in South Africa (Danco Clothing) based on previous legislation where it was decided that a likelihood
of confusion would exist where identical marks covered goods in class 3 and 25 generally. This is contrary to the Registry decision. To find
out what the High Court has to say, log on to your twitter accounts at 9am CAT.
The discussion
will be led by @maureenthuto at 09h00 CAT.