[Type the company name]
LML4802 Assignment 2
(COMPLETE GUIDELINE)
Semester 1 2025 - DUE 29
April
NO PLAGIARISM
[Year]
, 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 trrademark VISIONVIEW is not registered locally.
This question requires an analysis of the legal principles surrounding the protection of
unregistered trademarks in South Africa, particularly focusing on the common law action of
passing off. Students are expected to discuss the requirements for a successful passing off claim
and how they apply to the scenario involving Kenzo and Lungi ademark VISIONVIEW is
not registered locally
Essay: Protection of Unregistered Trademarks in South
African Law – The Action of Passing Off
In South African law, trademarks may be protected either through registration under the Trade
Marks Act 194 of 1993 or, in the case of unregistered marks, through the common law remedy
of passing off. The latter is particularly relevant in cases where a mark has not been registered
but has developed a reputation or goodwill in the market. This essay explores the protection of
unregistered trademarks through the common law action of passing off, with specific application
to the scenario involving Kenzo and Lungi, where Kenzo seeks to prevent Lungi from using the
trademark VERSIONVIEW, which allegedly infringes on his unregistered mark
VISIONVIEW.
Legal Foundation of Passing Off
The South African legal system recognizes the tort of passing off as a delictual remedy
available to parties who seek to prevent others from misrepresenting their goods or services as
being associated with the complainant. Unlike statutory trademark infringement, which requires
formal registration, passing off does not depend on registration. The cause of action arises
purely from common law and aims to prevent a person from misrepresenting their goods or
services as those of another, thereby causing harm to the goodwill and reputation of the original
trader.
According to Webster and Page on South African Law of Trade Marks, the purpose of
passing off is “to protect a trader against unfair competition from a rival who seeks to divert
custom away from him by misrepresenting that his goods or services are those of the trader.”
Requirements for a Successful Passing Off Action
LML4802 Assignment 2
(COMPLETE GUIDELINE)
Semester 1 2025 - DUE 29
April
NO PLAGIARISM
[Year]
, 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 trrademark VISIONVIEW is not registered locally.
This question requires an analysis of the legal principles surrounding the protection of
unregistered trademarks in South Africa, particularly focusing on the common law action of
passing off. Students are expected to discuss the requirements for a successful passing off claim
and how they apply to the scenario involving Kenzo and Lungi ademark VISIONVIEW is
not registered locally
Essay: Protection of Unregistered Trademarks in South
African Law – The Action of Passing Off
In South African law, trademarks may be protected either through registration under the Trade
Marks Act 194 of 1993 or, in the case of unregistered marks, through the common law remedy
of passing off. The latter is particularly relevant in cases where a mark has not been registered
but has developed a reputation or goodwill in the market. This essay explores the protection of
unregistered trademarks through the common law action of passing off, with specific application
to the scenario involving Kenzo and Lungi, where Kenzo seeks to prevent Lungi from using the
trademark VERSIONVIEW, which allegedly infringes on his unregistered mark
VISIONVIEW.
Legal Foundation of Passing Off
The South African legal system recognizes the tort of passing off as a delictual remedy
available to parties who seek to prevent others from misrepresenting their goods or services as
being associated with the complainant. Unlike statutory trademark infringement, which requires
formal registration, passing off does not depend on registration. The cause of action arises
purely from common law and aims to prevent a person from misrepresenting their goods or
services as those of another, thereby causing harm to the goodwill and reputation of the original
trader.
According to Webster and Page on South African Law of Trade Marks, the purpose of
passing off is “to protect a trader against unfair competition from a rival who seeks to divert
custom away from him by misrepresenting that his goods or services are those of the trader.”
Requirements for a Successful Passing Off Action
