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LML4802 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

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Well-structured LML4802 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..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)

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September 10, 2024
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Written in
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LML4802
Assignment 2 Semester 2 2024
Unique Number:
Due Date: September 2024

QUESTION 1

(a) Preventing Lungi from Using VERSIONVIEW under Private Law of Competition

Kenzo, the Korean manufacturer of computer screens marketed under the trademark
VISIONVIEW, can potentially prevent Lungi, a local manufacturer in South Africa, from using
the mark VERSIONVIEW under the private law of competition, even though Kenzo's
VISIONVIEW mark is not registered in South Africa. To explore this, we will consider principles
of passing off and protection under the Paris Convention, as well as South Africa’s common law

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