LML4802 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
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University of South Africa
The Law of Competition and Trademarks
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LML4802 Assignment
2 (COMPLETE
ANSWERS) Semester 2
2024 - DUE September
2024 ; 100% TRUSTED
Complete, trusted
solutions and
explanations.
ADMIN
[COMPANY NAME]
, LML4802 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 - DUE September 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
Kenzo is a Korean manufacturer of computer screens, which he
markets under the trademark VISIONVIEW. Kenzo’s mark
VISIONVIEW is not registered as a trademark in South Africa.
Kenzo markets his products worldwide through a chain of
national distributors. Kenzo’s products are marketed in South
Africa by Manamela (Pty) Ltd, Kenzo’s authorised distributor.
The VISIONVIEW products are of high quality and are the most
popular brand of computer screens sold in South Africa. Kenzo
becomes aware that Lungi, a local manufacturer, is marketing a
range of television screens under the trademark
VERSIONVIEW. (Korea is a member of the Paris Convention.)
(a) Advise Kenzo whether he can prevent Lungi from using the
VERSIONVIEW mark in relation to television screens under the
private law of competition. (10)
To advise Kenzo on whether he can prevent Lungi from using
the VERSIONVIEW mark in South Africa under private law of
competition, we need to analyze several key factors, including
trademark law, unfair competition, and the applicable
international treaties. Here's a comprehensive analysis:
1. Trademark Registration and Common Law Rights
Kenzo’s mark, VISIONVIEW, is not registered in South Africa.
However, Kenzo’s mark is a well-known trademark due to its
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