SUMMARY In casu, the appellant is Truworths Ltd (“Truworths”) a well-known fashion retailer in South Africa and the respondent is Primark Holdings, a discount fast-fashion clothing retailer (“Primark”) Truworths intended to register the mark “PRIMARK” in class 25 of the Trade Marks Register, which includes inter alia, clothing, boots, shoes and slippers. Primark, the proprietor
SUMMARY The appellant is PepsiCo Inc (Pepsi), the registered proprietor of trademark PEPSI. The respondent is Atlantic Industries (Atlantic), a subsidiary of The Coca-Cola Company and the registered proprietor of trademarks TWIST, LEMON TWIST and DIET TWIST.  Both parties’ trademarks are registered in class 32 which includes ‘mineral and aerated waters and other non-alcoholic drinks’.