Examples of the current use of the respective marks THE LOOK by Truworths and Ackermans :
The conclusion to this case may have been different had Truworths been able to produce convincing evidence that the public perception was such that the trade mark THE LOOK was a so-called 'badge of origin' for its clothes. Such evidence would have needed to have been independent and illustrating more than just use of the mark. However, in light of the lack thereof, Truworths will no longer be able to rely on it having "the look" exclusively.
* GabyMeintjes is a senior associate in the Intellectual Property law department at Fairbridges Attorneys in Cape Town, South Africa.