James Finlay and Company Ltd. v. Stassen Exports Ltd. and Another – sllr 2001 volume 3 page 336

In the case between James Finlay and Company Ltd (Plaintiff – Appellant) and Stassen Exports Ltd and Another (Defendant – Respondents), the court addressed whether the registration of the “Cleopatra” trademark, which incorporated a glass/tumbler device similar to the Plaintiff’s established mark, constituted unfair competition and passing off. It was held that the Defendant – Respondent’s conduct, including failing to withdraw their trademark application despite assurances, resulted in misleading the public and adversely affecting the Plaintiff’s proprietary trademark rights. The court reaffirmed that registration of trademarks should not be permitted where such actions contravene honest commercial practices and mislead the public, applying relevant provisions of the Code of Intellectual P