
Nel and another v Ladismith Co Operative Wine Makers and Distillers Limited [2000] 3 All SA 367 (C )
Case Law- Info
- 1Connections
- Case Outcome
- Injunction or Order Granted
- Case Status
- Closed
- Keywords
- Intellectual property
- Case Number
- 5320/99
- Decision date
- May 31, 2000
- Country
- Judicial Body
- Administrative Court
- Court Name
- Cape of Good Hope Provincial Division
- Collection
- CIPIT
- Case Summary
In dispute in the case was the Respondent's use of wine bottle labels developed by the First Applicant. The relief sought by the Applicants related to the alleged infringements of copyright relating to the labels, and to the alleged passing off with regard to the labels. The label in contention was developed for purposes of marketing contract concluded with the Respondent, but although the contract had come to an end, the Respondent continued to use the label with very minor alterations thereto. It was the Applicants' case that the label constituted an original artistic work, the copyright of which vested in the First Applicant as an author. Therefore, it was argued, the respondent's use of the adapted label after the termination of the contract between the parties was unauthorized
- Date Updated
- Nov 26, 2019