Introduction

[1] This is an application (i) for an interdict to prevent alleged trade mark infringement in violation of s 34(1) of the Trade Marks Act 194 of 1993 and for consequential relief; and (ii) for an order declaring the names of the corporate respondents to be in violation of s 11(2) of the Companies Act 61 of 2008 and for consequential relief. Mr Ginsburg SC leading Mr Marriott appeared for the applicant and Mr Puckrin SC leading Mr Seale for the respondents.

[2] The applicant is a vertically integrated company which catches, processes and cans fish under the Lucky Star brand. Its biggest seller is pilchards in tomato. It also sells canned pilchards with other flavours as well as canned mackerel, middlecut mackerel, sardines, shredded tuna, tuna chunks and  mussels. It also makes fish oil and fishmeal.

[3] The applicant is the proprietor of the word trade mark ‘Lucky Star’ and a device mark comprising a narrow leaping fish (a sardine, I was told from the bar) above a stylised sea, against a background of diagonal lines, and beneath the words ‘Lucky Star’ and a five-point star. The device mark appears thus: