Question: Can Kenzo prevent Lungi from using the VERSIONVIEW mark in relation to television screens under the Trademarks Act 194 of 1993? Kenzo is a Korean

Can Kenzo prevent Lungi from using the VERSIONVIEW mark in relation to television screens under the Trademarks Act 194 of 1993?

Kenzo is a Korean manufacturer of computer screens, which he markets under the trademark VISIONVIEW. Kenzo's mark VISIONVIEW is not registered as a trademark in South Africa. Kenzo markets his products worldwide through a chain of national distributors. Kenzo's products are marketed in South Africa by Manamela (Pty) Ltd, Kenzo's authorised distributor. The VISIONVIEW products are of high quality and are the most popular brand of computer screens sold in South Africa. Kenzo becomes aware that Lungi, a local manufacturer, is marketing a range of television screens under the trademark VERSIONVIEW. (Korea is a member of the Paris Convention.)

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