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Constitutional Court
Slice Distributors (Private) Limited v Innscon Africa Limited & 2 Ors
[2024] ZWCCZ 17
Case Details
Court
Constitutional Court
Date
8 November 2024
Citation
[2024] ZWCCZ 17
Judgment No.
CCZ 17/24
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA JCC
Full Bench
GARWE JCCGOWORA JCCPATEL JCC
Areas of Law
Constitutional LawIntellectual Property LawCommercial Law
Keywords
trademarkinterdictsection 85direct accessconstitutional violation
Tags
trademark infringementconstitutional reviewdirect accessintellectual property
legislation
Statutes Cited
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Constitution of Zimbabwe, 2013
- Trade Marks Act
- Constitutional Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant complied with Rule 21(3)(a) requirements for direct access","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's founding affidavit did not separately address interests of justice"}
- {"issue_text":"Whether it is in interests of justice to grant leave for direct access","issue_type":"procedural","dispositive":"yes","related_facts":"Application lacks prospects of success"}
- {"issue_text":"Whether Supreme Court judgment violated applicant's constitutional rights","issue_type":"constitutional","dispositive":"no","related_facts":"Supreme Court granted interdict against use of registered trademark"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case
Background
Applicant Slice Distributors and respondent Innscon Africa are competing fast food companies. Respondent established Chicken Inn brand in 1987 and registered trademark including "luv dat chicken" phrase. Applicant established Chicken Slice brand in 2010 and registered trademark including "I luv it" phrase. Respondent sued for trademark infringement and passing off. High Court dismissed claim but Supreme Court allowed appeal and granted interdict. Applicant approached Constitutional Court directly alleging violation of constitutional rights.
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