The Supreme Court of Appeal (SCA) has reversed a previous court decision, upholding the appeal filed by Casadobe Props 60 (Pty) Ltd against Fratelli Martini Secondo Luigi SpA concerning the similarity of trademarks in the wine industry.
The dispute originated when Fratelli Martini, registered owner of the trademark "CANTI," sought to block Casadobe's application for the similar mark "CANTO." In 2024, a lower court ruled in favour of Fratelli, granting them an interdict to prevent Casadobe from using their chosen mark, arguing that the two brands could deceive or confuse consumers.
However, the SCA's judgment articulated a different view. The court found that while both marks retained visual similarities, primarily due to their shared prefix "CANT," they ultimately distinguished themselves through the final letters "O" and "I". This crucial difference was deemed substantial enough to prevent consumer confusion.
2015: Casadobe begins using the "CANTO" trademarkÂ
2024: Lower court rules in favour of Fratelli MartiniÂ
February 2025: SCA overturns previous rulingÂ
Judge Mpho Mokgohloa, presiding over the appeal, stated that the average consumer, particularly in the context of purchasing wine, which typically commands more attentio, would likely discern between the two brands.
Building upon established legal precedents in trademark law, the SCA highlighted that a consumer's likelihood of confusion should be evaluated in real-world contexts rather than through overly analytical legal scrutiny. The ruling referenced important cases that concluded similar trademark disputes, underscoring the need to focus on the overall impression generated by the marks as they appear in the market.
Casadobe, a boutique wine estate located in the Durbanville wine valley, has operated under the unregistered trademark "CANTO" since its 2015 market introduction. The SCA's ruling allows Casadobe to continue using its mark, which is particularly significant given the backdrop of a burgeoning South African wine industry where brand differentiation is key.
Fratelli Martini's registered trademark "CANTI" wine.
#Conviction
