Common Law in Southern Africa: Conflict of Laws and Torts Precedents

By Peter B. Kutner | Go to book overview

13
PASSING OFF

The principles of liability for "passing off" in Southern Africa are essentially the same as in common law jurisdictions. The result of passing off litigation usually depends upon the facts of the particular case and the relief the court is asked to grant.1 The following cases are significant because of their consideration of general issues of passing off liability.


GEOGRAPHIC EXTENT OF PROTECTION

Pockets (Holdings) Ltd. v. Oak Holdings Ltd.2 would have been a very typical passing off case but for the fact that the plaintiffs did little business where the defendant traded. The plaintiffs, a holding company and two subsidiaries, owned businesses in Salisbury, Southern Rhodesia, which had long traded under the name "Pockets". The defendant established similar businesses under the name "Pockets" in Bulawayo, apparently for the deliberate purpose of taking advantage of the goodwill attached to the name. Only one of the plaintiffs actually did business in Bulawayo, and the amount of business it did was small. However, the plaintiffs were well-known to the public there.

The court restrained the defendant from doing business under the

____________________
1
See e.g. William Bartfield & Co. (Pty.) Ltd. v. Job Hypermarket, 1976 ( 3) S.A. 157 (T).
2
1953 S.R. 21, 1953 ( 2) S.A. 659 (S.R.).

-283-

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Common Law in Southern Africa: Conflict of Laws and Torts Precedents
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • Introduction 1
  • I - Southern African Precedents for the Conflict of Laws 9
  • 1 - Domicile 11
  • 2 - Jurisdiction 31
  • 3 - Recognition of Foreign Money Judgments 41
  • 4 - Choice of Law 61
  • 5 - Family Law 111
  • II - Southern African Precedents for the Law of Torts 155
  • 6 - Negligence 157
  • 7 - Defences and Apportionment of Damages 181
  • 8 - Vicarious Liability 209
  • 9 - Assessment of Damages 229
  • 10 - Nuisance and Trespass to Land 251
  • 11 - Misrepresentation 255
  • 12 - Economic Loss 267
  • 13 - Passing Off 283
  • 14 - Unlawful Competition 297
  • 15 - Defamation 307
  • 16 - Privacy 341
  • Bibliographic Note 347
  • Principal Works Cited and Abbreviations 349
  • Table of Statutes 353
  • Table of Cases 355
  • Conflict of Laws Index 365
  • Torts Index 369
  • About the Author 373
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