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Harare High Court

Zimbabwe Yellow Pages (Private) Limited v E-Directories (Private) Limited

HH 487-22

Case Details

Court
Harare High Court
Date
20 July 2022
Citation
HH 487-22
Neutral Citation
[2022] ZWHH 487
Outcome
unknown
Case Type
Opposed Application

Bench

Presiding
DUBE JP
Full Bench
DUBE JP
Areas of Law
Intellectual Property LawCommercial Law
Keywords
TrademarkInfringementPassing OffGeneric TermsYellow Pages
Tags
Intellectual PropertyTrademark InfringementPassing Off
legislation
Statutes Cited
  • Trade Marks Act
  • Trade Marks Act
  • Trade Marks Act
  • Trade Marks Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant's trademark \"Zimbabwe Yellow Pages\" is invalid because it is generic and not capable of protection under trademark law.","issue_type":"law","dispositive":"yes","related_facts":"Respondent's challenge to the validity of the trademark based on the terms \"yellow pages\" and \"Zimbabwe\"."}
  • {"issue_text":"Whether the respondent has infringed the applicant's registered trademark.","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's use of \"Zimbabwe Yellow Pages\" and \"zimyellowpage\" on directories and websites."}
  • {"issue_text":"Whether the respondent is liable for passing off its services as those of the applicant.","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent's use of similar marks and alleged confusion in the market."}
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background
Facts of the Case

Background

The applicant, Zimbabwe Yellow Pages (Private) Limited, sought to interdict the respondent, E-Directories (Private) Limited, from infringing its registered trademark "Zimbabwe Yellow Pages" and passing off its services. The applicant claimed ownership of the trademark and alleged the respondent used confusingly similar marks. The respondent challenged the trademark's validity, arguing it was generic and not protectable.
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