Judgment Databases

Latest judgments

Trade Marks Act 194 of 1993 – ss 34(1)(a), (c) and 34(2)(b) – trade mark infringement claims – disclaimer in relation to registered trade mark ‘CLEAR VU’ – registration of a mark shall not debar others from the bona fide descriptive use of the words ‘clear view’ – whether respondent’s use of those words in the course of trade bona fide and descriptive of its kind of goods and their characteristics – whether respondent’s conduct unlawful and amounting to passing-off.

 

Family law – divorce – accrual – asset donation to trust – whether value thereof should be considered as part of donor spouse’s estate for purpose of calculating accrual.

Civil procedure – application for leave to lead further evidence on appeal – condonation – late prosecution of appeal – principles restated.

 

Enrichment – condictio indebiti and condictio sine causa – company in liquidation – sale of assets – claim for repayment of amount received by secured creditor – on the basis that receipt ultra vires – enrichment of creditor and impoverishment of company not proved – appeal dismissed.