,LML4802 Assignment 2 semester 1 2025 - DUE 29
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
Kenzo is a Korean manufacturer of computer screens, which he
markets under the trademark VISIONVIEW. Kenzo’s mark
VISIONVIEW is not registered as a trademark in South Africa.
Kenzo markets his products worldwide through a chain of
national distributors. Kenzo’s products are marketed in South
Africa by Manamela (Pty) Ltd, Kenzo’s authorised distributor.
The VISIONVIEW products are of high quality and are the most
popular brand of computer screens sold in South Africa. Kenzo
becomes aware that Lungi, a local manufacturer, is marketing a
range of television screens under the trademark VERSIONVIEW.
(Korea is a member of the Paris Convention.) (a) Advise Kenzo
whether he can prevent Lungi from using the VERSIONVIEW
mark in relation to television screens under the private law of
competition. (10) (b) Advise Kenzo whether he can prevent
Lungi from using the VERSIONVIEW mark in relation to
television screens under the Trademarks Act 194 of 1993. (10)
(a) Advise Kenzo whether he can prevent Lungi from using the
VERSIONVIEW mark in relation to television screens under the
private law of competition.
, In terms of private law of competition under South African
law, Kenzo may be able to prevent Lungi from using the
VERSIONVIEW mark if such use constitutes passing off or
unlawful competition.
Passing off occurs when one business misrepresents its
goods or services as those of another, usually by using a
mark that is confusingly similar to an established and
well-known mark. In this case, Kenzo's VISIONVIEW mark
is widely recognized and popular in South Africa, which
could lead to a likelihood of confusion with
VERSIONVIEW. If consumers are likely to confuse Lungi’s
television screens with Kenzo’s computer screens due to
the similarity in the marks, Kenzo may have a cause of
action for passing off.
For passing off to be successful, Kenzo needs to prove:
1. Reputation: Kenzo’s VISIONVIEW mark is well-known
in South Africa (as stated in the facts, it is the most
popular brand of computer screens).
2. Misrepresentation: Lungi’s use of VERSIONVIEW
could cause confusion or deception among
consumers, making them believe the products come
from or are associated with Kenzo.
April 2025 ;100 % TRUSTED workings, Expert
Solved, Explanations and Solutions.
MULTIPLE CHOICE,ASSURED EXCELLENCE
Kenzo is a Korean manufacturer of computer screens, which he
markets under the trademark VISIONVIEW. Kenzo’s mark
VISIONVIEW is not registered as a trademark in South Africa.
Kenzo markets his products worldwide through a chain of
national distributors. Kenzo’s products are marketed in South
Africa by Manamela (Pty) Ltd, Kenzo’s authorised distributor.
The VISIONVIEW products are of high quality and are the most
popular brand of computer screens sold in South Africa. Kenzo
becomes aware that Lungi, a local manufacturer, is marketing a
range of television screens under the trademark VERSIONVIEW.
(Korea is a member of the Paris Convention.) (a) Advise Kenzo
whether he can prevent Lungi from using the VERSIONVIEW
mark in relation to television screens under the private law of
competition. (10) (b) Advise Kenzo whether he can prevent
Lungi from using the VERSIONVIEW mark in relation to
television screens under the Trademarks Act 194 of 1993. (10)
(a) Advise Kenzo whether he can prevent Lungi from using the
VERSIONVIEW mark in relation to television screens under the
private law of competition.
, In terms of private law of competition under South African
law, Kenzo may be able to prevent Lungi from using the
VERSIONVIEW mark if such use constitutes passing off or
unlawful competition.
Passing off occurs when one business misrepresents its
goods or services as those of another, usually by using a
mark that is confusingly similar to an established and
well-known mark. In this case, Kenzo's VISIONVIEW mark
is widely recognized and popular in South Africa, which
could lead to a likelihood of confusion with
VERSIONVIEW. If consumers are likely to confuse Lungi’s
television screens with Kenzo’s computer screens due to
the similarity in the marks, Kenzo may have a cause of
action for passing off.
For passing off to be successful, Kenzo needs to prove:
1. Reputation: Kenzo’s VISIONVIEW mark is well-known
in South Africa (as stated in the facts, it is the most
popular brand of computer screens).
2. Misrepresentation: Lungi’s use of VERSIONVIEW
could cause confusion or deception among
consumers, making them believe the products come
from or are associated with Kenzo.
