1.3
The costs order is subject to the tender made by the first respondent to pay the applicant's taxed party and party
costs in respect of that application up to and including 7 August 1997, exclusive of the costs order of 26 July 1997 in
favour of the first respondent.
2.1
The rule nisi granted in the second application brought by the first respondent (Nino's Italian and Sandwich Bar CC)
against the applicant (Nino Coffee Bar and Restaurant CC) under case number 1066/97 is confirmed in terms set out
hereunder.
2.2
The applicant (Nino Coffee Bar and Restaurant CC) is interdicted and restrained from infringing the first respondent's
(Nino's Italian Coffee and Sandwich Bar CC) trade mark no 94/0918 NINO'S ITALIAN COFFEE & SANDWICH BAR AND
DEVICE in class 42 in terms of the provisions of section 34 of the Trade Marks Act 194 of 1993 by using in the suburb
of Camps Bay, Cape Town, in the course of trade in relation to any services in respect of which the aforesaid trade
mark is registered, or any similar services, the trade mark NINO, or by using any other similar trade mark, in the
course of trade in Camps Bay, in relation to other services which are so similar to the services for which the
applicant's trade mark is registered that in such use there exists the likelihood of deception or confusion.
2.3
The applicant (Nino Coffee Bar and Restaurant CC) shall
View Parallel Citation
remove the signs displaying the word Nino's at its Camps Bay premises before 17h00 on 17 April 1998 and remove
the name Nino's from all places where it appears on the applicant's trade dress at the Camps Bay premises including
but not limited to the menus, waiter's uniforms, cutlery, crockery and the like save for those items on the printed
table menus that presently incorporate the name Nino's as the name of a dish to be served in the restaurant.
2.4
The applicant (Nino Coffee Bar and Restaurant CC) is ordered to pay the first respondent's (Nino's Italian Coffee and
Sandwich Bar CC) costs of that application, including the costs of the hearings on 7 August 1997, 1 September 1997
and 22 October 1997.
For the applicant:
LJ Morrison instructed by Spoor and Fisher,Pretoria
For the respondent:
P Tredoux instructed by Owen & Erleigh Incorporated, Cape Town
Footnotes
1
Also reported at [1997] 4 All SA 444 (A) Ed.