Hebtulabhoy, M.S. & Co. Ltd. v. Stassen Exports Ltd. and Another – sllr 1989 volume 1 page 182

In the case between M. S. Hebtulabhoy & Company Ltd and Stassen Exports Ltd & Another, the court addressed whether the use of the Arabic mark “Chai el Rabea” by the Respondent constituted infringement of the registered Roman-letter trademark “Rabea” held by the Plaintiff under Section 117 of the Intellectual Property Act No. 52 of 1979. It was held that deceptive similarity could arise from both visual and phonetic resemblance, and that the relevant legal standard is the likelihood of misleading the public. The decision underscored that the Respondent’s use of a mark transliterated into Arabic was calculated to benefit from the distinctiveness and reputation of the Plaintiff’s registered trademark. The appellate court set aside the trial court’s ruling and issued a permanent injunction aga