is a senior associate in law firm ENSafrica’s Intellectual Property department, and is a qualified trade mark practitioner.
In South Africa, Nivea is the market leader in personal body-care products with an impressive market share of approximately 50%. A 2015 “brand health” survey revealed that Nivea had the “greatest clarity in the mind of consumers”. The judge said that at the time Connie Men was launched, Nivea Men had been around for three decades, and the blue, white and silver combination had been in existence for seven years. He said that “whilst the Nivea Men get-up has changed or been refreshed over the years, it has remained constant and cohesive”.
As a result, “Connie Men shower gel is almost certain to deceive and confuse the public and likely to cause the respondent to suffer damages.”
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