Lagoon. TRAILERS: Casualties of War; Karate Kid; Papillon; The Mountain Men; Bloodhounds of Broadway (x 2);
Stand by Me; Postcards from the Edge; Sahara; The China Syndrome; Ghostbusters; Buster and Billie; Flatliners;
Vibes.
(v) Fifth Plaintiff:
FILMS: Full Metal Jacket; Lethal Weapon III; Good Fellas; Above the Law; The Rookie; Lethal Weapon II; Other
People's Money; Bonfire of the Vanities. TRAILERS: Good Fellas; The Mambo Kings; The Rookie; Batman Returns;
Lethal Weapon III; Young Einstein; Batman; Runaways; Full Metal Jacket (x 2).
(vi) Seventh Plaintiff:
FILMS: The Kiss; Look Who's Talking Too; Avalon. TRAILERS: Look Who's Talking; Look Who's Talking Too; The Kiss;
Another You; Steel Magnolias; Blind Fury; I Love You to Death.
(vii) Eighth Plaintiff:
FILMS: Run; Arachnophobia; True Identity; That Darn Cat; Dick Tracey; Filofax; Fantasia; Turner and Hooch; One
Good Cop; Oscar. TRAILERS: Billy Bathgate; V.I. Warshawski (x 2); Pretty Woman; The Little Mermaid; An Innocent
Man; What about Bob (x 2).
(viii) Ninth Plaintiff
FILMS: Nil. TRAILERS: Funny about Love; Frankie and Johnny; Body Parts.
2. At all material times
(a)
the respective plaintiffs reflected in the schedule set out below were the proprietors in the Republic of South Africa of
the registered trade marks listed below the name of the applicable plaintiff;
(b)
the said trade marks were valid, subsisting and of full force and effect in the Republic of South Africa and the
provisions of section 60 of the Trade Marks Act, No. 62 of 1963 were applicable thereto;
(c)
the respective trade marks were registered in respect of, inter alia, cinematograph films and recorded video tapes;
(d)
the respective trade marks appeared on the applicable films/trailers reflected in the said schedule and the video
cassettes in which they were contained (all such films/trailers being included in the schedule set out earlier in this
judgment).
Schedule
(i) First Plaintiff:
TRADE MARKS: B69/4718 MGM; 686/27 Metro GoldwynMayer and Lion Device. FILMS/TRAILERS AND TRADE MARK
INVOLVED: Play Misty for Me B69/4718; The Cutting Edge 686/27; Harley Davidson and the Marlboro Man
686/27.
(ii) Second Plaintiff:
TRADE MARKS: 81/7755 Twentieth Century Fox; 85/0811 Twentieth Century Fox Device; 85/8611 Twentieth Century
Fox Device. FILMS/TRAILERS AND TRADE MARK INVOLVED: Edward Scissorhands 81/7755 and 85/0811; Die Hard
85/8611; Bad Medicine 81/7755 and 85/0811; The Jewel of the Nile 81/7755 and 85/0811; Licence to Drive
85/0811; Worth Winning 85/0811; Working Girl 85/9611.
Page 590 of [1996] 1 All SA 584 (SE)
(iii) Third Plaintiff:
TRADE MARK: 72/5190 Universal. FILMS/TRAILERS AND TRADE MARK INVOLVED: Problem Child 72/5190; The Hard
Way 72/5190; A Kiss before Dying 72/5190.
(iv) Fourth Plaintiff:
TRADE MARKS: 85/4631 Columbia Pictures and Statue of Liberty Device; 86/1898 Columbia Pictures; 86/1900 Lady
and Torch Device. FILMS/TRAILERS AND TRADE MARK INVOLVED: Awakenings 85/4631; Karate Kid 86/1898 and
86/1900; Bloodhounds of Broadway 86/1898 and 86/1900; Stand by Me 86/1898; Postcards from the Edge
86/1898 and 86/1900; Sahara 86/1898 and 86/1900; The China Syndrome 86/1898; Bloodhounds of Broadway
86/1898 and 86/1900; Odds and Evens 86/1898 and 86/1900; Ghostbusters 86/1898 and 85/4631; Buster and
Billie 86/1898; Flatliners 86/1898 and 86/1900; Vibes 86/1898 and 86/1900.
(v) Fifth Plaintiff:
TRADE MARKS: B81/5840 Warner Home Video (Label); 89/7375 WB and Shield Device; 37/369 Warner Brothers
Pictures Inc. and Shield Device. FILMS/TRAILERS AND TRADE MARK INVOLVED: Full Metal Jacket B81/5840, 89/7375
and 37/369; Good Fellas B81/5840, 89/7375 and 37/369; Lethal Weapon II B81/5840, 89/7375 and 37/369; The
Rookie B81/5840, 89/7375 and 37/369; Batman Returns 89/7375; Lethal Weapon III B81/5840, 89/7375 and
37/369; Young Einstein 89/7375; Batman 37/369 and 89/7375; Other People's Money B81/5840, 89/7375 and
37/369; Bonfire of the Vanities B81/5840, 89/7375 and 37/369.
(vi) Seventh Plaintiff: