Western Cape High Court Acting Judge RK Parker had to decide on the battle of the liqueur trademarks – the well-known SA Amarula versus Afrula – which was said to be a newcomer to the SA market.

A Pretoria News report says the Southern Liqueur Company turned to the High Court to protect its Amarula trademark against that of Noble Spirit’s Afrula.

The applicant asked for the intervention of the court to restrain the respondent from infringing its rights, which have been acquired through statutory provisions and the common law.

The respondent intends to commence the production of a marula cream liqueur under the trademark Afrula, indicating that the product is currently not available in the SA market.

The applicant argued that the trademark Afrula is confusingly similar to their Amarula and is likely to result in deception and confusion among the public regarding goods bearing the parties’ respective trademarks.

According to the applicant, any use made by the respondent of the mark Afrula is likely to exploit and take unfair advantage of its well-known Amarula mark.

Parker said the respondent's conduct is likely to take unfair advantage of the distinctive character and reputation of the ‘Amarula’ mark in a manner that is unfair. 

The judge, however, noted that the respondent’s product is not yet on the shelves and thus without a market presence at this stage.

‘In my view, there is no passing off as yet… I am though satisfied that the applicant’s registration of its trade marks protects its rights from infringement,’ the judge said.

The respondent was interdicted from infringing on the Amarula trademark.

Full Pretoria News report in The Star

Judgment