The Applicant was the manufacturer and distributor of a product called ("Alebex"). The Respondent had commenced manufacturing and distributing a similar product under the name ("All Blax"). The Applicant contended that theRespondent was infringing the Applicant's rights as the registered proprietor of the Albex trademark, and was passing off goods as those of the Applicant. The main issue that the present Court had to determine was whether there was an infringement in terms of the Trade Marks Act 194 of 1993 ("the Act"). The Court held that the Applicant had established that the mark used by the Respondent so nearly resembled the applicant's registered trademark as to be likely to deceive or cause confusion. The court was satisfied that the Applicant was entitled to the relief claimed.