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Business: European Court Rules in Favour Of South African Trade Mark
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Leanne Mostert, a partner
in the Cape Town office of Webber Wentzel, who represented Assembled
Investments, commented, “On 7 May, after an almost decade long battle,
the ECJ found in favour of Assembled Investments. Not only is this a
great victory for South Africa, and for a South African brand but the
decision also sets a global precedent. We are clearly pleased with
ECJ's decision and the positive impact it will have on our client's
business."
"The ECJ’s decision
finally puts to bed a long disputed issue. It establishes that even
where a proposed trade mark is identical or similar to an earlier mark
with a particularly high distinctive character, there must still be
some degree of similarity between the respective goods to establish a
likelihood of confusion. Only then will the owner of an earlier mark be
able to prevent the registration of a proposed similar mark on the
basis of Article 8(1)(b) of the EU community trade mark regulations."
The dispute between the
two companies first arose following the application by Assembled
Investments to register a trade mark containing the words "Waterford
Stellenbosch" for its wines in Europe.
Waterford Wedgwood argued
that Assembled Investments’ mark would lead to confusion in the
marketplace and opposed the trade mark application on the basis of its
own community trade mark “Waterford” registered earlier in
connection with, among other products, glassware including wine glasses.
Mostert says the decision
also confirms the 2007 decision of the EU's Court of First Instance
that wine and wine glasses are not similar products despite a certain
degree of complementarily between them.
Waterford Wines has been
producing award winning wines at the Waterford Wine Estate in the
Stellenbosch district, near Cape Town, South Africa since 1998. Jeremy
Ord, a founder of Didata is one of the owners of Waterford Wines.
Business News Sector Tags: Business| Law|