For those following the earlier High Court
decision, the SCA’s judgment confirms the outcome while adding clarifications
about reputation, bare denial strategies, and the evidentiary role of digital
identifiers.
A Quick Recap: The Fire That Wouldn’t Go
Out
Fire Logic, established in 1994, is a long
standing Eastern and Western Cape business providing fire protection and
maintenance services. It put up credible evidence of turnover (around R30m per
year), advertising spend, industry accreditation, and more than 27 years of
trade.
Logik Group, incorporated in 2015, traded
under Fire Logik. The names were phonetically identical, visually similar, and
used in the same markets. Even after a name change in 2016, Logik Group
retained the domain, email address, and trading style. Confusion followed in
the form of misdirected purchase orders, enquiries, and correspondence
acknowledging the risk of confusion.
The High Court interdicted Logik Group’s
use of Fire Logik in the Eastern and Western Cape. Logik Group appealed.
The SCA: When Logic Goes Missing
The Supreme Court of Appeal dismissed the
appeal with costs and reinforced principles worth noting.
1. Reputation Need Not Be Over Proven
The SCA adopted a practical view. Twenty
seven years of trade, turnover, marketing spend, and industry accreditation
were sufficient. Reputation may be inferred from sales and advertising. Logik
Group’s approach of denying everything was treated as an impermissible bare
denial.
2. Digital Footprints Count
Despite the name change, Logik Group
retained info@firelogik.co.za and www.firelogik.co.za and continued using Fire
Logik in its online presence and tender submissions. The court treated these
digital identifiers as part of the actionable get up.
3. Misrepresentation Was Clear
Phonetic and visual similarity, overlapping
territories, prior notice, actual confusion, and acknowledgement of likely
confusion all supported the finding of misrepresentation.
4. Territorial Interdicts Follow
Territorial Evidence
Reputation was proven in the Eastern and
Western Cape. The interdict was limited accordingly. Territoriality still
matters.
Practical Lessons
For brand owners
• Include domain and email checks in name
clearance.
• Implement undertakings promptly.
• Preserve evidence of confusion.
• Remember that reputation accumulates.
For litigators
• Challenge bare denials.
• Use digital evidence.
• Build the territorial record if broader
relief is needed.
For defendants
Claims of attempted rebranding without
evidence are unlikely to succeed. Inexpensive digital changes undermine
arguments based on delay or resource constraints.
A Final Thought: When Logic Meets Logik
Passing off remains contextual. Reputation
need not be exceptional. Misrepresentation need not be intentional. Damage need
not be quantified. The question is whether market reality creates confusion.
Here, the public was left to decide whether fire logic was logic about fire or
logik about fire. That burden, the SCA held, is not lawful.
The appeal was dismissed.
