Cream of the crop?

LIQUEUR: AMARULA PROTECTS ITS TURF IN TRADEMARK DISPUTE

- Roy Cokayne

Liquor and retail products trader, which plans to start production of a marula cream liqueur under the trademark Afrula, has been interdicted and restrained by the Western Cape High Court from infringing on the trademark of Amarula Cream Liqueur.

Acting Judge Rehana Parker further specifically interdicted and restrained Noble Spirits (Pty) Ltd from infringing on Southern Liqueur Company Limited's:

Registered marks by using in the course of trade in alcoholic beverages the mark Afrula or a mark or marks resembling Southern Liqueur's registered marks because they are likely to deceive or cause confusion in terms of the Trade Marks Act; and Rights acquired by the well-known and registered Amarula trademarks by using in relation to any goods, the trademark Afrula or any other mark which will be likely to take unfair advantage of or be detrimental to the distinctive character or the well-known and registered Amarula trademarks.