Victoria's Secret v. Edgars Stores

(428/92) [1994] ZASCA 43, 1994 (3) SA 739 (AD), [1994] 4 All SA 307 (AD) (1994)

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Victoria’s Secret v. Edgars Stores

South Africa Supreme Court of Appeal
(428/92) [1994] ZASCA 43, 1994 (3) SA 739 (AD), [1994] 4 All SA 307 (AD) (1994)

  • Written by Jenny Perry, JD

Facts

Edgars Stores, Ltd. (Edgars) (defendant), a South African company, and Victoria’s Secret, Inc. (plaintiff), which was organized under the laws of the state of Delaware in the United States, each applied to register the trademark “Victoria’s Secret” in South Africa. Victoria’s Secret was the registered owner of numerous “Victoria’s Secret” trademarks in the United States, but the marks were not familiar to consumers in South Africa. The registrar of trademarks ordered that the disputed mark be registered to Edgars, and Victoria’s Secret appealed.

Rule of Law

Issue

Holding and Reasoning (Nicholas, J.)

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Casebooks

Trademark

Key Terms

  • TrademarkA symbolic representation of a company or product.
  • Likelihood of ConfusionThe probability that potential consumers will be confused about the source of the product. Courts use likelihood of confusion as a standard to evaluate trademark infringement claims.

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