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The divergent views held by courts in various countries on the issue of similarity between trade marks, was well illustrated in a recent South African case. Adidas launched trade mark infringement proceedings in the Western Cape High Court based on its well-known three-stripe trade mark. Despite the worldwide fame of this mark, the court found in favour of the other party, Pepkor, who used a two or four-stripe design on the shoes they sold.
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Written by Ilse Du Plessis: Director IP, ENS
Prof Wim Alberts: Special Counsel IP*, ENS
*Also professor of law, University of Johannesburg