KitKat lookalike could head to Concourt

KitKat lookalike could head to Concourt

2015-01-15 11:05

Johannesburg - A food company has applied to the Constitutional Court to challenge a ruling which bars it from producing a KitKat lookalike, Netwerk24 reported on Thursday.

This was after the Supreme Court of Appeal (SCA) in Bloemfontein ruled against the manufacturers of the Tiffany Break on the grounds of intellectual property and trademark law.

The International Foodstuffs Co and Iffco South Africa had unsuccessfully appealed to the SCA for the lifting of an interdict prohibiting them from selling the Tiffany Break.

Their lawyer Lizl Combrinck said in court papers there was no confusion among the public over the two chocolate bars.

"The interpretation of the Trade Marks Act which is applicable in this case, is of utmost importance for the public. It is in the interest of South African enterprises and the public in general that intellectual property is protected properly and that legislation is interpreted correctly," Combrinck said, according to Netwerk24.

"In this case foreign investors also have an interest in the way our intellectual property rights are applied and interpreted, because it could affect their decisions to invest in the country."

The interdict had been granted in Nestlé's favour over the shape of the KitKat, registered as a trademark.

The SCA had ruled that the interpretation of the Law on Trademarks and application of intellectual property rights were of great importance to the public, businesses and foreign investors.

The SCA had found strong similarities between the two chocolates, which come down to losses to Nestle.

  • juan.benade - 2015-01-15 11:22

    Eggnog too long

      Alan Gernet - 2015-01-15 12:37

      Concourt is choc-a-block. No court rooms available, bar one.

      Alan Gernet - 2015-01-15 12:52

      P.S. Court case - Smarties vs Nutties.

  • George Anderson - 2015-01-15 11:29

    Take a break

  • Bob Broom - 2015-01-15 11:47

    Nestle will have registered the shape of the chocolate bar (known as a countline, as are, Bar One, Tex, Peppermint Crisp etc) as well as its name and similarities thereof. Nestle bought the brand (along with many others) from Wilson Rowntree many years ago and the brand is originally from the UK - Rowntree MacIntosh. All these brand owners would have ensured their brand was adequately protected by patent laws, and anyone trying to take on the might of Nestle (especially when they're clearly in the wrong) is crazy and will pay big bucks.

      Bob Broom - 2015-01-15 13:52

      @Iva Tavia & Bruce Rothman; why don't the two of you buy a Kit Kat and see that the shape of it is not simply a "a square", but a distinctive shape that they have every right to patent. Just try manufacturing a triangular shape chocolate bar and see how fast Toblerone would jump on your case! Respect trademarks for what they are and don;t attempt to ride on the coattails of someone else!!

  • Abizou Walkeen - 2015-01-15 12:35

    How in the hell is this a constitutional case? *looks for trademark law in the constitution*

      Non Conformist - 2015-01-15 12:47

      The Constitutional Court is the highest court in the land. If you are involved in a court case and don't like how it went, you can appeal at the Supreme Court of Appeal in Bloem to over rule the lower courts verdict. If you STILL dont like the outcome there, you can then approach the Con Court, but there is no court above that that can overturn the Con Courts ruling. Well - thats my perception as a lay person...

      Abizou Walkeen - 2015-01-15 12:51

      NC you are right barring a few steps (there is a full bench high court for example). My point is that every idiot thinks he can run to the constitutional court over any matter. It only hears constitutional cases.

      Fathima Rawat - 2015-01-16 11:14

      According to the Seventeenth Constitutional Amendment, the Constitutional Court is the highest court in the Land even on non-constitutional matters that it chooses to hear.

  • Ashwell Ganesh - 2015-01-16 06:28

    Tiffany Break are clearly copying and capitalising on a cheaper version of KitKat.

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