Koni Multinational Brands (Pty) Ltd v Beiersdorf AG (553/2019) [2021] ZASCA 24 (19 March 2021)

Flynote

Unlawful competition – passing-off – men’s shower gel – whether
reputation of respondent’s get-up of predominant colour combination of blue,
white and silver protectable – whether appellant’s product confusingly similar –
respondent’s get-up used extensively – its products the leading brand in its
category and holding majority share of shower gel market – overall appearance
and format of appellant’s product confusingly similar – appeal dismissed.


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