A Durban businessman is taking on Pick n Pay in the KZN High Court for using his trademark on their braai products. In court papers, Flamco CC owner Rajan Naicker said he had hoped to resolve the matter amicably but the retailer continued to use his trademark, Braaitime, notes a Sunday Times report.

On his last count, Pick n Pay was using the trademark on more than 30 of its products. Naicker had made extensive use of his trademark Braaitime on a variety of popular braai products, including charcoal, charcoal briquettes, instant-light charcoal and firelighters since 1986.

His company supplied the Pick n Pay KZN region with products using the same trademark for 17 years.

Pick n Pay then adopted its own house brand of braai products and accessories under the name Braai Time.

In his application, Naicker said that given the history that his brand had with the retailer, Pick n Pay ought to have known that he owned the trademark and that it was guilty of infringement. He believes that Pick n Pay will attempt to delay the court matter to allow it to sell its existing stock.

He wants the court to order Pick n Pay to stop selling, advertising, promoting or dealing in any manner whatsoever with any product using the name Braai Time or Braaitime on products other than his own.

The retailer has until this week to decide if it will defend the matter.

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