
Heyneman and another v Waterfront Marine CC and others [2005] 2 All SA 382 (C)
Case Law- Info
- 1Les liaisons
- Case Outcome
- Affirmed Lower Court
- Dismissed
- Keywords
- Intellectual property
- Trademark
- Case Number
- 7171/03
- Decision date
- 15 juin 2004
- Country
- Judicial Body
- Administrative Court
- Court Name
- Cape of Good Hope Provincial Division
- Collection
- CIPIT
- Case Summary
The applicants sought a final interdict (alternatively an interim interdict pending the finalization of an action to be instituted for final relief) in respect of alleged passing off by the respondents to the detriment of the applicants, as well as a declaratory order to the effect that the conduct of the respondents constituted unfair competition with the second applicant. The second applicant (of which the first applicant was the sole member) had designed and manufactured a range of boats uniquely suited to South African conditions. The first respondent (of which the second and third respondents were members) sold boats which it purchased from the second applicant. The first applicant had conveyed to the respondents all the technical aspects concerning the design and construction of the boats. The applicants alleged that this information was confidential, having been acquired during years of experimentation and the gleaning of practical experience, and constituted information within the unique knowledge and skill of the first applicant, which contributed fundamentally to the reputation and goodwill of the boats in the trade. The applicants sought a final interdict (alternatively an interim interdict pending the finalisation of an action to beinstituted for final relief) in respect of alleged passing off by the respondents to the detriment of the applicants, aswell as a declaratory order to the effect that the conduct of the respondents constituted unfair competition with thesecond applicant. The second applicant (of which the first applicant was the sole member) had designed andmanufactured a range of boats uniquely suited to South African conditions. The first respondent (of which thesecond and third respondents were members) sold boats which it purchased from the second applicant. The firstapplicant had conveyed to the respondents all the technical aspects concerning the design and construction of theboats. The applicants alleged that this information was confidential, having been acquired during years ofexperimentation and the gleaning of practical experience, and constituted information within the unique knowledge and skill of the first applicant, which contributed fundamentally to the reputation and goodwill of the boats in the trade.
- Date Updated
- 4 nov. 2019