, 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)
Kenzo’s legal remedies under South African law for preventing
Lungi from using the VERSIONVIEW mark involve the private
law of competition, specifically passing off and unlawful
competition. Since Kenzo’s trademark VISIONVIEW is not
registered in South Africa, Kenzo cannot rely on statutory
protection under the Trade Marks Act 194 of 1993. However,
South African common law provides protection through the
doctrine of passing off and other competition-related claims.
Passing Off