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

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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

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