M.S. Hebtulabhoy and Co. Ltd. vs Stassen Exports Ltd. – CA Appeal 286/93 F-2011

In the case between M.S. Hebtulabhoy and Co. Ltd. (and later, partners of Ahmad Mohamed Saleh Baeshen and Company) and Stassen Exports Ltd., the court addressed whether the registration of the trademark “RABEA” in Arabic script by Hebtulabhoy infringed the rights associated with Stassen Exports Ltd.’s “Spring Brand” trademark under the Code of Intellectual Property Act No. 52 of 1979. It was held that the transliteration of “RABEA” into Arabic constituted a likelihood of confusion with the “Spring Brand” in the relevant market, amounting to passing-off and infringement. The principle was reaffirmed that trademark protection extends to preventing confusion arising from both translation and transliteration where such acts misappropriate goodwill or reputation. The decision was based on statu