mark, which is wellknown in South Africa, by using the mark ALL BLAX in the course of trade, in terms of
section 34(1)(c) of the Act.
39.3 Respondent is interdicted by itself or through its servants, agents or members from passing off its
bleach product as that of the applicant or as being connected in the course of trade with applicant by
manufacturing, marketing, selling or offering for sale bleach packaged in a black container with a green
cap and label printed in white, black and green or any other getup which so nearly resembles
applicant's getup as to be likely to deceive or cause confusion.
39.4 Respondent is ordered in the presence of an authorised agent of applicant to remove the mark ALL
BLAX from all of its bleach products on which it appears and where the mark ALL BLAX is inseparable or
incapable of being so removed, to destroy all such products alternatively, at the option of respondent, to
deliver up all such products to applicant.
39.5 Respondent is ordered to pay the applicant's costs in these proceedings.
For the applicant:
RW Tainton instructed by Adams & Adams, Cape Town
For the respondent:
R Jaga and H de Kock instructed by Parker Holt Inc
Footnotes
1
2
Also reported at [2001] 4 All SA 235 (A) Ed.
Also reported at [2001] 2 All SA 126 (T) Ed.