Shoe-makers in battle over their soles
Bata Brands SA has taken on a rival shoe-maker over the soles of its shoes, claiming their aim is to dupe customers into believing they are buying Bata Toughees. A Weekend Witness report says the matter was argued before Judge Trevor Gorven in the KZN High Court (Pietermaritzburg).
Bata is seeking an order stopping Novita Shoes from infringing on its trademark, in respect of its Toughees sole patterns.
It also seeks damages in the form of royalties.
Advocate Reinard Michau SC said the Toughees trademark – which consists of a distinctive wavy pattern – is applied to the sole of the Toughees branded school shoes. He said that a survey found purchasers were likely to be confused and/or deceived into believing that Novita’s shoes are in fact Toughees school shoes.
For Novita, Advocate Antonie Troskie SC said his client’s shoe sole pattern is not identical to Toughees. He said that it appears from extracts of the SA Trade Marks office that from September 2014 to April 2015, the marks relied on in this application had been removed from the register.
Troskie said that Bata Toughees uses five different sole patterns. Thus, one specific sole pattern is unlikely to create identification with the name Bata Toughees.
The report notes judgment was reserved.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
