Caterham Car Sales & Coachworks Limited v Birkin Cars (Pty) Limited & another 1998 (3) SA 938 24/10/1998

The correct question to ask was whether the Appellant has, in a practical and business sense, a sufficient reputation amongst a substantial number of persons who were either clients or potential clients of his business. That reputation has to exist where the misrepresentation complained of exists. This reputation had to exist at the time the misrepresentation was committed.

The Caterham case widened the definition of the requisite reputation and goodwill required for a passing-off action.

Nicky Garnett
Partner | Head of Africa Patents
This site uses cookies to collect activity data and personalise content. By continuing to navigate this site, you agree to allow us to collect information using cookies.