The second appellant was the sole shareholder of the first appellant ("Herbal Zone"). He became involved with a Malaysian company ("Herbal Zone International") which manufactured capsules containing a root extract believed to have aphrodisiacal properties that enhanced male sexual performance. He called the product in capsule form "PhytoAndro". From 2009 until 2014 the first respondent ("Infotech"), was the sole distributor of Phyto Andro in SouthAfrica in terms of a distribution agreement concluded with Herbal Zone. Before the termination of that sole distributorship, the third and fourth respondents, who were shareholders of Infotech, formed the second respondent ("Herbs Oils"). Since 2014, Herbs Oils distributed a product in South Africa, also under the name "PhytoAndro for Him", in competition with the product imported by Herbal Zone. Although neither Herbal Zone nor HerbsOils had secured registration of "Phyto Andro" as a trademark, the packaging that each uses for its own product includes after the words "Phyto Andro" the standard symbol ® used to indicate such registration