LML4802 Assignment 2 2025 – Due 24 April 2025

LML4802 Assignment 2
ASSIGNMENT 02
FIRST SEMESTER

Your assignment should not exceed TWO typed pages. The page restriction excludes the
title page and bibliography. DO NOT REPEAT THE QUESTION. PAGES BEYOND THE
PAGE LIMIT WILL NOT BE MARKED.

Question

Kenzo is a Korean manufacturer of computer screens, which he markets under the
trademark VISIONVIEW. Kenzo’s mark VISIONVIEW is not registered as a trademark in
South Africa. Kenzo markets his products worldwide through a chain of national
distributors. Kenzo’s products are marketed in South Africa by Manamela (Pty) Ltd,
Kenzo’s authorised distributor. The VISIONVIEW products are of high quality and are the
most popular brand of computer screens sold in South Africa. Kenzo becomes aware that
Lungi, a local manufacturer, is marketing a range of television screens under the
trademark VERSIONVIEW. (Korea is a member of the Paris Convention.)

1) Advise Kenzo whether he can prevent Lungi from using the VERSIONVIEW
mark in relation to television screens under the private law of competition.

In terms of the private law of competition, Kenzo may indeed have a valid cause of
action against Lungi for the unlawful use of the mark VERSIONVIEW, which closely
resembles Kenzo’s unregistered mark VISIONVIEW, despite the difference in the
products (television vs computer screens). The applicable legal remedy lies primarily in
the delict of unlawful competition and more specifically in the common-law action of
passing off.