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Harare High Court
Dulux (Private) Limited v Yatakala Trading (Private) Limited
HH 265-12
Case Details
Court
Harare High Court
Date
27 June 2012
Citation
HH 265-12
Neutral Citation
[2012] ZWHH 265
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Intellectual Property LawCommercial Law
Keywords
Trade mark infringementRegistered userLocus standiDura range
Tags
Trade marksIntellectual propertyInfringementPassing off
legislation
Statutes Cited
- Trade Marks Act
- Trade Marks Act
- Trade Marks Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a registered user of trade marks has locus standi to institute proceedings for infringement without first calling upon the proprietor to take action and without citing the proprietor as defendant","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is registered user; has not called upon proprietor; has not cited proprietor"}
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background
Facts of the Case
Background
The applicant, a registered user of certain trade marks belonging to AECI Limited, sought to prevent the respondent from distributing paint products marked "Duraline" which it claimed infringed its "Dura" range trade marks. The respondent opposed the application on the preliminary ground that as a registered user, the applicant lacked locus standi to bring the proceedings without first complying with section 33(4) of the Trade Marks Act.
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