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Supreme Court
Innscor Africa Limited v Slice Distributors (Private) Limited & Anor (Registrar of Deeds N.O.)
SC 101/23
Case Details
Court
Supreme Court
Date
6 October 2023
Citation
SC 101/23
Neutral Citation
[2023] ZWSC 101
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GUVAVA JA
Author
MAKONI JA
Full Bench
GUVAVA JAMAKONI JAMATHONSI JA
Areas of Law
Intellectual Property LawCommercial Law
Keywords
Trademark infringementPassing off"luv dat chicken""I luv it"Chicken InnChicken Slice
Tags
Trademark infringementPassing offIntellectual property
legislation
Statutes Cited
- Trade Marks Act
- Trade Marks Act
- Trade Marks Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent infringed the appellant's registered trademark under certificate No. 1070/2006","issue_type":"mixed","dispositive":"yes","related_facts":"Use of \"luv\" in \"I luv it\" slogan, similar color schemes, same industry"}
- {"issue_text":"Whether the first respondent passed off its products as those of the appellant","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged customer confusion, social media comments, similar branding"}
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background
Facts of the Case
Background
Innscor Africa Limited, owner of Chicken Inn brand with registered trademark "luv dat chicken", sued Slice Distributors (Private) Limited for using similar phrase "I luv it" and similar color schemes in their Chicken Slice brand, alleging trademark infringement and passing off.
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