LML4802
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 29 April 2025
QUESTION 1
Kenzo can prevent Lungi from using the trademark VERSIONVIEW under the private
law of competition in South Africa by instituting an action for passing off, despite the fact
that his trademark VISIONVIEW is not registered locally.
Passing off occurs when one trader misrepresents their goods or business as being
associated with or identical to another’s, typically by using or imitating a trade mark,
name, or get-up that has become distinctive in the marketplace. This principle was
clearly articulated in Capital Estate and General Agencies (Pty) Ltd v Holiday Inns Inc
1977 (2) SA 916 (A), where the court held that passing off consists of a representation
by one person that their business or goods are those of another, or connected to
another’s. The test is whether the defendant’s conduct creates a reasonable likelihood of
confusion or deception in the minds of the public.
To succeed in a passing off action, Kenzo must prove two essential elements: Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number:
Due Date: 29 April 2025
QUESTION 1
Kenzo can prevent Lungi from using the trademark VERSIONVIEW under the private
law of competition in South Africa by instituting an action for passing off, despite the fact
that his trademark VISIONVIEW is not registered locally.
Passing off occurs when one trader misrepresents their goods or business as being
associated with or identical to another’s, typically by using or imitating a trade mark,
name, or get-up that has become distinctive in the marketplace. This principle was
clearly articulated in Capital Estate and General Agencies (Pty) Ltd v Holiday Inns Inc
1977 (2) SA 916 (A), where the court held that passing off consists of a representation
by one person that their business or goods are those of another, or connected to
another’s. The test is whether the defendant’s conduct creates a reasonable likelihood of
confusion or deception in the minds of the public.
To succeed in a passing off action, Kenzo must prove two essential elements: Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
