In MCG Industries (Pty) Ltd v Chespak (Pty) Ltd, the applicant brought an application before the North Gauteng High Court for an interdict against the respondent in order to restrain it from infringing the applicant’s registered design.
In MCG Industries (Pty) Ltd v Chespak (Pty) Ltd, the applicant brought an application before the North Gauteng High Court for an interdict against the respondent in order to restrain it from infringing the applicant’s registered design.
South African registered design number A2000/141, named Bottle Carrier, was filed in February 2000 and registered in class 9. According to the Design Regulations of 1999, class 9 covers “packages and containers for the transport or handling of goods”. The design was registered in part A of the register as an aesthetic design.
According to the applicant, the respondent was making, importing, using and/or disposing of a bottle carrier, or crate, also included in class 9, and allegedly embodying the applicant’s registered design or using a design ‘not substantially different’ from it.
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Design registration, MCG Industries, Chespak, manufacturing, design
