, LML4802 Assignment 2 (COMPLETE ANSWERS)
semester 1 2025 - DUE 29 April 2025; 100% correct
solutions and explanations.
Question 1
Kenzo may be able to prevent Lungi from using the mark
VERSIONVIEW under the private law of competition,
particularly under the common law delict of unlawful competition
in South Africa. This legal area provides protection even if a
trademark is not registered, by focusing on fairness in the
marketplace. The main remedy lies in passing off, and possibly
misappropriation of trade reputation. Let’s unpack this in detail:
1. Legal Framework: Private Law of Competition
South African private law of competition protects businesses against
unfair or dishonest market conduct. While statutory protection is
found in the Trade Marks Act 194 of 1993, common law remedies
such as passing off and unlawful competition remain available to
businesses with unregistered trademarks.
In this case, since Kenzo’s VISIONVIEW trademark is not
registered, he must rely on common law, particularly passing off.
2. Passing Off: Elements and Application
Passing off occurs when a trader misrepresents their goods as those
of another, causing confusion among consumers and resulting in
damage to the goodwill or reputation of the original trader.
semester 1 2025 - DUE 29 April 2025; 100% correct
solutions and explanations.
Question 1
Kenzo may be able to prevent Lungi from using the mark
VERSIONVIEW under the private law of competition,
particularly under the common law delict of unlawful competition
in South Africa. This legal area provides protection even if a
trademark is not registered, by focusing on fairness in the
marketplace. The main remedy lies in passing off, and possibly
misappropriation of trade reputation. Let’s unpack this in detail:
1. Legal Framework: Private Law of Competition
South African private law of competition protects businesses against
unfair or dishonest market conduct. While statutory protection is
found in the Trade Marks Act 194 of 1993, common law remedies
such as passing off and unlawful competition remain available to
businesses with unregistered trademarks.
In this case, since Kenzo’s VISIONVIEW trademark is not
registered, he must rely on common law, particularly passing off.
2. Passing Off: Elements and Application
Passing off occurs when a trader misrepresents their goods as those
of another, causing confusion among consumers and resulting in
damage to the goodwill or reputation of the original trader.
