reported at [2000] 2 All SA 1 (SCA) Ed]).
[126] I am of the view that as the Adidas' trade marks have to be viewed as a whole in determining its dominant
features and as those dominant features must include the 3stripe mark, the latter qualifies the remaining
features of the trade marks sufficiently. This interpretation renders the entry of a disclaimer as sought by
respondent unnecessary in this case.
It is ordered that:
1.
The respondent has not infringed the applicants' trade marks registered under trade mark numbers:
1959/000057; 1995/12283; 1980/06446 and 2001/18582.
2.
The respondent has not passedoff its footwear as those of the applicants or as having an association
with the footwear of the applicants.
3.
The application for an interdict is dismissed with costs.
4.
The counterapplication for the entry of a disclaimer against the first applicant's registered trade marks
is dismissed with cost.
For the parties:
None indicated