Another böcksbeutel application lost
The Cape High Court has dismissed an application by Die Bergkelder Bpk a subsidiary of Distell for an interdict restraining two West Coast winemakers from using a böcksbeutel wine bottle embossed with a rock lobster.
Distell alleged that the winemakers bottle was confusingly similar to the bottle known as a böcksbeutel which they had registered as a trademark. The matter was heard together with last months application for an interdict by Bergkelder Bpk and Stellenbosch Farmers Winery against Shoprite Checkers. These applicants alleged that the supermarket chains Muchas Gracias wine infringed the böcksbeutel trademark, as well as the trademark Graca. The Court ruled in favour of Shoprite Checkers. Dr Stuart Gardiner, an attorney at law firm Jan S de Villiers, who acted for Shoprite Checkers and the winemakers says, the bockbeutel was held to be commonplace, and should not have been registered as a trademark in the first place. The fundamental principle of our trademark law is that all trademarks must be distinctive and the böcksbeutel has never qualified as such. Read the Jan S De Villiers press release