LML4802
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: SEPTEMBER 2024
, LML4802
Assignment 2 Semester 2 2024
Unique Number:
Due Date: September 2024
The Law of Competition and Trademarks
A)
In South Africa, the private law of competition aims to protect businesses from unfair or
dishonest practices in the marketplace. Kenzo may have a case here based on what's
known as "passing off." Passing off happens when someone uses a name, brand, or
mark that is so similar to another that it confuses customers into thinking the two are
connected.
Kenzo's trademark, VISIONVIEW, is well-known and popular for computer screens in
South Africa, even though it's not registered there. Now, Lungi is marketing television
screens under a very similar name: VERSIONVIEW. The similarity between the two
names could easily lead consumers to think that Lungi’s televisions are somehow
related to or endorsed by Kenzo's company, even though they are not. This confusion
could harm Kenzo’s business because people might buy Lungi’s VERSIONVIEW
screens thinking they’re getting Kenzo’s well-known quality.
Kenzo could argue that Lungi’s use of a name so close to his brand amounts to
passing off, which is an unfair business practice. To win a passing-off case, Kenzo
would need to prove:
1. Reputation: VISIONVIEW is a well-known brand in South Africa, and consumers
recognize it for high-quality computer screens.
2. Misrepresentation: Lungi’s use of VERSIONVIEW is likely to confuse
customers, making them think his products are connected to or endorsed by
Kenzo.
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: SEPTEMBER 2024
, LML4802
Assignment 2 Semester 2 2024
Unique Number:
Due Date: September 2024
The Law of Competition and Trademarks
A)
In South Africa, the private law of competition aims to protect businesses from unfair or
dishonest practices in the marketplace. Kenzo may have a case here based on what's
known as "passing off." Passing off happens when someone uses a name, brand, or
mark that is so similar to another that it confuses customers into thinking the two are
connected.
Kenzo's trademark, VISIONVIEW, is well-known and popular for computer screens in
South Africa, even though it's not registered there. Now, Lungi is marketing television
screens under a very similar name: VERSIONVIEW. The similarity between the two
names could easily lead consumers to think that Lungi’s televisions are somehow
related to or endorsed by Kenzo's company, even though they are not. This confusion
could harm Kenzo’s business because people might buy Lungi’s VERSIONVIEW
screens thinking they’re getting Kenzo’s well-known quality.
Kenzo could argue that Lungi’s use of a name so close to his brand amounts to
passing off, which is an unfair business practice. To win a passing-off case, Kenzo
would need to prove:
1. Reputation: VISIONVIEW is a well-known brand in South Africa, and consumers
recognize it for high-quality computer screens.
2. Misrepresentation: Lungi’s use of VERSIONVIEW is likely to confuse
customers, making them think his products are connected to or endorsed by
Kenzo.
