Continental Biscuit Manufacturers admitted it had entered the savoury biscuit to compete with Provita, but further argued it offered consumers a choice, and had three fundamental differences – the brand name, the packaging and the ingredients.The court, in its judgment, said that while National Brands has a"clear and protected right" as far as its registered Provita trademark is concerned, it agreed that this right does not extend to the product – the biscuit itself.
In issuing the costs order, the court said National Brands had dragged its feet, having launched the legal action eight years after the competing biscuit had entered the market.In times of uncertainty you need journalism you can trust. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Journalism strengthens democracy. Invest in the future today. Thereafter you will be billed R75 per month.
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