LML4802
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 29 April 2025
QUESTION 1
Kenzo can prevent Lungi from using the trademark VERSIONVIEW under the private law of
competition in South Africa by instituting an action for passing off, despite the fact that his
trademark VISIONVIEW is not registered locally.
Passing off occurs when one trader misrepresents their goods or business as being
associated with or identical to another’s, typically by using or imitating a trade mark, name,
or get-up that has become distinctive in the marketplace. This principle was clearly
articulated in Capital Estate and General Agencies (Pty) Ltd v Holiday Inns Inc 1977 (2) SA
916 (A), where the court held that passing off consists of a representation by one person
that their business or goods are those of another, or connected to another’s. The test is
whether the defendant’s conduct creates a reasonable likelihood of confusion or deception
in the minds of the public.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 29 April 2025
QUESTION 1
Kenzo can prevent Lungi from using the trademark VERSIONVIEW under the private law of
competition in South Africa by instituting an action for passing off, despite the fact that his
trademark VISIONVIEW is not registered locally.
Passing off occurs when one trader misrepresents their goods or business as being
associated with or identical to another’s, typically by using or imitating a trade mark, name,
or get-up that has become distinctive in the marketplace. This principle was clearly
articulated in Capital Estate and General Agencies (Pty) Ltd v Holiday Inns Inc 1977 (2) SA
916 (A), where the court held that passing off consists of a representation by one person
that their business or goods are those of another, or connected to another’s. The test is
whether the defendant’s conduct creates a reasonable likelihood of confusion or deception
in the minds of the public.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.
