LML4802
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: SEPTEMBER 2024
, LML4802
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 2024
The Law of Competition and Trademarks
(a) Can Kenzo prevent Lungi from using the VERSIONVIEW mark under the
private law of competition?
Kenzo may be able to stop Lungi from using the VERSIONVIEW mark by relying on the
common law of unlawful competition. Even though Kenzo’s VISIONVIEW trademark is
not registered in South Africa, the private law of competition still offers protection in
certain cases.
Under South African law, a person who has built up a reputation or goodwill in a
particular mark or product can stop others from unfairly taking advantage of that
reputation. In this case, Kenzo’s VISIONVIEW products have become highly popular in
South Africa, meaning they have likely established a strong reputation among
consumers. The fact that VISIONVIEW is well-known, and Kenzo’s products are of high
quality, strengthens Kenzo’s position.
Lungi’s use of a very similar mark, VERSIONVIEW, could lead to confusion among
consumers. Since the marks are almost identical and both relate to products in the
electronics industry (even though Kenzo sells computer screens and Lungi sells
television screens), consumers might think that Lungi’s products are somehow
connected to Kenzo’s. This confusion could harm Kenzo’s reputation and give Lungi an
unfair competitive advantage, which could amount to passing off – a form of unlawful
competition where one party misleads consumers into believing that their goods are
linked to another established business.
ASSIGNMENT 2 SEMESTER 2 2024
UNIQUE NO.
DUE DATE: SEPTEMBER 2024
, LML4802
Assignment 2 Semester 2 2024
Unique Number:
Due Date: 2024
The Law of Competition and Trademarks
(a) Can Kenzo prevent Lungi from using the VERSIONVIEW mark under the
private law of competition?
Kenzo may be able to stop Lungi from using the VERSIONVIEW mark by relying on the
common law of unlawful competition. Even though Kenzo’s VISIONVIEW trademark is
not registered in South Africa, the private law of competition still offers protection in
certain cases.
Under South African law, a person who has built up a reputation or goodwill in a
particular mark or product can stop others from unfairly taking advantage of that
reputation. In this case, Kenzo’s VISIONVIEW products have become highly popular in
South Africa, meaning they have likely established a strong reputation among
consumers. The fact that VISIONVIEW is well-known, and Kenzo’s products are of high
quality, strengthens Kenzo’s position.
Lungi’s use of a very similar mark, VERSIONVIEW, could lead to confusion among
consumers. Since the marks are almost identical and both relate to products in the
electronics industry (even though Kenzo sells computer screens and Lungi sells
television screens), consumers might think that Lungi’s products are somehow
connected to Kenzo’s. This confusion could harm Kenzo’s reputation and give Lungi an
unfair competitive advantage, which could amount to passing off – a form of unlawful
competition where one party misleads consumers into believing that their goods are
linked to another established business.
