Brands playing with fire: The 'logik' behind the SCA's decision on passing-off
South Africa, June 19 -- In Logik Group Africa (Pty) Ltd t/a Fire Logik v Fire Logic (Pty) Ltd, the SCA was called upon to adjudicate a dispute between two competitors in the fire protection industry whose names were, for all practical purposes, indistinguishable to the ear (phonetically identical and visually and conceptually very similar).
The SCA dismissed the appeal and concluded that the High Court could not be faulted in imposing an order compelling the newer entrant to cease trading under its selected name.
This case offers instructive lessons for any business leader who has not yet turned serious attention to brand protection.
The facts
Fire Logic (Pty) Ltd (Fire Logic) had operated under that name in the fire protection secto...
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