The Supreme Court of Appeal has dismissed an appeal by Yuppiechef Holdings that another online company‚ Yuppie Gadgets‚ infringed Yuppiechef’s trademark, says a BDlive report. The trouble started when Urban Gadgets decided in 2011 to change its name to Yuppie Gadgets‚ prompting Yuppiechef to launch its application.

Yuppiechef’s main complaint against Yuppie Gadgets was that it was infringing its mark by using‚ in relation to its own online business selling quirky and unusual items and gadgets for household and office use‚ the unregistered mark ‘Yuppie Gadgets’. Yuppiechef also contended that Yuppie Gadgets was passing its business off as that of Yuppiechef.

In its judgment‚ the SCA said Yuppie Gadgets’ focus was different from that of Yuppiechef. ‘Its main target market consists of younger‚ more affluent‚ consumers who are attracted by what it describes as ‘hot’ and ‘cool’ gadgets and gizmos.’ Judge Malcolm Wallis dismissed Yuppiechef’s appeal‚ saying the two marks‚ Yuppiechef and Yuppie Gadgets were not so similar that the use of Yuppie Gadgets was calculated to deceive or cause confusion among shoppers who purchased from online retail stores.

Full BDlive report

Yuppiechef Holdings (Pty) Ltd v Yuppie Gadgets Holdings (Pty) Ltd