, LML4802 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 - DUE September 2024 ; 100%
TRUSTED Complete, trusted solutions and
explanations.
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)
Let's analyze Kenzo's options for preventing Lungi from using
the VERSIONVIEW mark in South Africa both under private law
of competition and the Trademarks Act 194 of 1993.
(a) Private Law of Competition
Under South African private law, specifically the common law of
competition, Kenzo could explore options related to passing off.
Semester 2 2024 - DUE September 2024 ; 100%
TRUSTED Complete, trusted solutions and
explanations.
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)
Let's analyze Kenzo's options for preventing Lungi from using
the VERSIONVIEW mark in South Africa both under private law
of competition and the Trademarks Act 194 of 1993.
(a) Private Law of Competition
Under South African private law, specifically the common law of
competition, Kenzo could explore options related to passing off.
