The Supreme Court of Appeal has agreed with the high court that a men's shower gel produced by Connie Ferguson's Koni Multinational Brands is confusingly similar to Nivea's. File photo.The Supreme Court of Appeal on Friday dismissed an appeal by Koni Multinational Brands against a court order that its Connie men's shower gel was similar to the Nivea equivalent.
The SCA said the Pretoria high court's conclusion that the Connie shower gel was created from aspects of the “get-up” of the Nivea men shower over time, calculated to pass it off as belonging to a range of products belonging to Nivea, cannot be faulted. The SCA has dismissed an appeal by Koni Multinational Brands against a high court order which held that its Connie shower gel was being passed off as those of Nivea.The get-up typically includes the labelling and packaging of a product and consists of a number of features such as colour combinations, graphics and other design elements.
Matter of hindsight
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