Burnkloof Caterers (Pty) Ltd v Horseshoe Caterers (Green Point) (Pty) Ltd 1974 (2) SA 125 (C)
Capital Estate and General Agencies (Pty) Ltd and others v Holiday Inns Inc and others 1977 (2) SA 916 (A)
Glenton and Mitchell v Ceylon Tea Co 1918 WLD 118
Hoechst Pharmaceuticals (Pty) Ltd v The Beauty Box (Pty) Ltd (in liquidation) and another 1987 (2) SA 600 (A)
J Goddard & Sons v RS Goddard & J Mentz & Co 1924 TPD 290
John Craig (Pty) Ltd v Dupa Clothing Industries (Pty) Ltd 1977 (3) SA 144 (T)
Kellogg Co and another v Bokomo Cooperative Ltd 1997 (2) SA 725 (C)
PlasconEvans Paints Ltd v Van Riebeeck Paints (Pty) Ltd 1984 (3) SA 623 (A)
Policansky Bros Ltd v L & H Policansky 1935 AD 89 F
Policansky Bros v Hermann and Canard 1910 TPD 1265
PPI Makelaars and another v Professional Provident Society of South Africa [1997] 4 All SA 444 (A); 1998 (1) SA 595 (A)
RJ Reuter Co Ltd v Fred Mulhens [1953] 2 All ER 1160 (CA)
Shalom Investments (Pty) Ltd and others v Dan River Mills Inc 1971 (1) SA 689 (A)
Solmike (Pty) Ltd t/a Skipper's Cabin v West Street Trading Co (Pty) Ltd t/a Skipper Bar 1981 (4) SA 706 (D)
Torf's Estate v Minister of Finance 1948 (2) SA 283 (N)
Williams t/a Williams & Associates and another v Life Line Southern Transvaal 1996 (3) SA 408 (A)
United Kingdom
Anna Trego and William Wilson Smith v George Stratford Hunt [1896] AC 7 (HL)
Benz et Cie (1913) 30 RPC 177
Burchell v Wilde [1900] 1 Ch 551 (CA)
Chelsea Man Menswear Ltd v Chelsea Girl Ltd and another [1987] RPC 189 (CA)
ParkerKnoll Ltd v Knoll International Ltd [1962] RPC 265 (HL)
The Clock Ltd v The Clock House Hotel Ltd (1936) 53 RPC 269
The Commissioners for Inland Revenue v Muller & Co's Margarine Ltd [1901] AC 217
View Parallel Citation
Judgment
ROSEINNES AJ
The parties
[1] The parties in this matter are involved in the restaurant and coffee bar business. The two applications, which
have been consolidated, raise issues relating to an alleged passing off and an alleged trade mark infringement. The
essential dispute concerns the right to use the name "Nino" or "Nino's" in the course of business in Cape Town and
its environs.
[2] The applicant in case number 7405/97 is Nino Coffee Bar and Restaurant CC (it is incorrectly cited in that matter
as Nino's Coffee Bar and Restaurant CC), the first respondent is Nino's Italian Coffee and Sandwich Bar CC and the
Page 533 of [1998] 3 All SA 527 (C)
second respondent is Christine Shields trading as Nino's Internet Café. This application will be referred to as "the
first application". In case number 10660/97 the applicant is Nino's Italian Coffee and Sandwich Bar CC (the first
respondent in the first application)
View Parallel Citation
and the respondent is Nino Coffee Bar and Restaurant CC (the applicant in the first application). This application will
be referred to as "the second application". In this judgment the parties will be referred to as in the first application.
[3] The applicant operates a restaurant at 52 Shortmarket Street, adjacent to Greenmarket Square, in the centre
of Cape Town under the name "Nino". It has recently opened a further restaurant at Brighton Court, Camps Bay,
under the same name. The first respondent, whose principal place of business is in Johannesburg, carries on the
business of a franchisor of coffee bars under the name "Nino's Italian Coffee and Sandwich Bar". These coffee bars
are predominantly located in Gauteng but two are situated in the Western Cape, one in Stellenbosch and the other
in the Cavendish Square shopping centre in Claremont. The first respondent is also the franchisor of coffee bars
under the name "Nino's Internet Café" which are situated within the premises of a national chain of computer
stores known as The Incredible Connection. The second respondent is the franchisee of a Nino's Internet Café,