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McDonald's Corporation v. Joburgers Drive-Inn Restaurant

1997 (1) SA 1 (1996)

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McDonald’s Corporation v. Joburgers Drive-Inn Restaurant

South Africa Supreme Court
1997 (1) SA 1 (1996)

Facts

McDonald’s Corporation registered 52 trademarks in South Africa between 1968 and 1985. Twenty-seven of those trademarks include “McDonald” or “McDonald’s.” However, McDonald’s had never performed business in South Africa. In 1992, Joburgers Drive-Inn Restaurant (Joburgers) began using several of the trademarks registered by McDonald’s, including the Big Mac, the name McDonald’s, and the golden arches. Joburgers subsequently applied for trademarks for these marks and attempted to have the trademarks McDonald’s held expunged. McDonald’s opposed the applications and re-applied for its previously registered trademarks. McDonalds subsequently brought an action against Joburgers, seeking an order preventing Joburgers from using the marks in South Africa. The trial court denied the request, and McDonald’s appealed.

Rule of Law

Issue

Holding and Reasoning (Grosskopf, J.)

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