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Calypso Dealers CC v Registrar of Designs and Another [2011] ZAGPPHC 124;39406/2008

1st August 2011

By: Creamer Media Reporter

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  • Calypso Dealers CC v Registrar of Designs and Another [2011] ZAGPPHC 124;39406/2008
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1. The applicant seeks an order in the following terms:

1.1 Revoking the registration of design with serial number F2004/0048 registered in the name of the second respondent, in accordance with the provisions of Section 31(l)(a) of the Designs Act, No. 195 of 1993, as amended;

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1.2 Re-registration of the said design in the name of the applicant in accordance with Section 33 of the Designs Act, No. 195 of 1993, as amended.

1.3 Directing:

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1.3.1 the second respondent to pay the costs of this application;

1.3.2 the first respondent to pay the costs of this application, jointly and severally, with the second respondent (the one paying the other to be absolved), but only in the event of the first respondent opposing the relief sought by the applicant herein. The application is opposed by the second respondent.

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