Chicken Licken loses trademark appeal bid
Chicken Licken had its application for leave to appeal turned down by the Western Cape High Court in its battle over its trademark ‘Soul’.
Cape Times reports that it had taken a Plettenberg Bay restaurant, formerly known as ‘East Coast Soul Kitchen,’ to court.
Chicken Licken claims that the restaurant’s name infringed on its trademark with it also having used the word ‘Soul’ to refer to some of the items on its menu.
Chicken Licken’s attorney, Ronald Wheeldon, contended that the business wanted the restaurant to remove all material that referenced the trademark Soul or Soul Kitchen.
The restaurant then changed its name and revised its menu under the name ‘Sol Kitchen’.
Now, Chicken Licken argued that this name change was not sufficiently far enough from its trademark.
Their application was dismissed as the judge found that it had not sought to address the restaurant's new description at the time of the name change when it was entitled to do so.
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.