, 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 under private law of competition in
South Africa, we need to consider aspects related to trademark
law and unfair competition.
Key Considerations:
1. Trademark Registration:
o Kenzo's Trademark Status: Kenzo’s VISIONVIEW
mark is not registered in South Africa. In the absence