, 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 may potentially have a claim to prevent Lungi from using
the VERSIONVIEW mark under the private law of competition
in South Africa, despite the fact that his VISIONVIEW
trademark is not registered in the country. To assess this, we
need to consider various aspects of South African law,
especially in the areas of trademark law, passing off, and the
broader principles of unfair competition.
1. Trademark Registration vs. Common Law Rights