The three stripes run parallel from the fastening downwards to the sole of the shoe and appear on both sides
as illustrated in the representation filed. The three stripes will run parallel to each other, be of equal width and
be equidistant from each other in the manner depicted in the representation affixed to the application."
1959/000057
13.2 Registered trade mark number 1995/12283 (Annexures "TB2" and TB84"). This trade mark is registered
in class 25 in respect of "clothing, footwear and headgear". The relevant class 25 in respect of this mark
is that reflected in Schedule 3 to the Trade Mark Regulations, 1995. This class is for "clothing, footwear
and headgear". The "endorsement" on the registration of this trade mark describes the mark as
follows:
"The trade mark consists of three equally spaced parallel stripes of all the same colour, such stripes being
applied to the exterior of the goods covered by the specification. The colour of the stripes contrasts with the
colour of that part of the goods to which the stripes are applied. The length of the three stripes varies according
to the location of the stripes on the goods."
Page 642 of [2012] 1 All SA 636 (WCC)
1995/12283
13.3 Registered trade mark number 1980/06446 (Annexures "TB3" and "TB85"). This trade mark is registered
in class 25 in respect of "sporting footwear of all kinds". The relevant class 25 in respect of this mark is
that reflected in Schedule 3 to the Trade Mark Regulations, 1995. This class is for "clothing, footwear
and headgear". The "endorsement" on the registration in respect of this trade mark describes the mark
as follows:
"The mark consists of three stripes appearing on footwear in the position depicted on the representation affixed
to the application. The three stripes will run parallel to each other, be of equal width and be equidistant from
each other in the manner depicted in the representation affixed to the application."
13.4 Registered trade mark number 2000/18582 (Annexures "TB4" and "TB87"). This trade mark is registered
in class 25 in respect of "articles of clothing including footwear". The relevant class 25 in respect of this
mark is again that reflected in Schedule 3 to the Trade Mark Regulations, 1995, being for "clothing,
footwear and headgear". The "endorsement" on the registration of this trade mark describes the mark
as follows:
"The mark consists of three equally spaced stripes, in one or more colours, on the outside of the uppers of the
footwear. The stripes are contrasting in colour or material with that part of the upper on which they appear."
2000/18582
I The alleged infringing trade marks as used by the respondent
[14] The applicants allege that the respondent was infringing the registered trade mark by the use of certain
marks on footwear that was offered for sale at some of the respondent's Pep Stores and Ackermans outlets.
The sale of shoes bearing the allegedly infringing marks is admitted by the respondent. The respondent's