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The facts in Schultz v Nroquet are illustrative of the manner in which copying can be rendered unlawful. Hearsay evidence falls to be ignored even in the absence of a formal objection thereto or an application to strike out the contents that amounts to hearsay evidence and the same will apply to conclusions drawn by a witness not supported by any facts and based on conjecture or idle speculation. Public policy is against protecting the shape and configuration of functional or utilitarian articles as opposed to an article whose shape is capricious or which incorporates capricious features or shape as was the case in Weber Stephen Products Co.
The fact that prayer 1 of the Notice of Motion has to be granted does not necessarily mean that the Applicant will be entitled to the costs of this application. The Applicant brought a substantive application for condonation for its late filing of this affidavit and this application was likewise opposed by the Respondents.
It is also claimed that the MP pumps had undergone significant changes from the original Broquet pumps the most notable of which is that stainless steel is used in its manufacture as opposed to ductile iron and mild steel, a wear plate was introduced and the direction of flow was configured to go both clockwise and anti-clockwise. Gear pumps Pumps Cooling and lubrication pumps. It is difficult to imagine in what respects the Respondents would have changed the contents of the affidavits filed in opposition to the application had the proposed amendment been an order sought from the beginning.
GMF has been working in the sector for over 50 years. During the driving force behind the pump business of Rely Precision Castings died and First Respondent took over the business in supplying pumps to industries similar to the Broquet pumps but changed the name of the pump from an RM pump to that of an MP pump and sold the first MP pump during The performance of our rotors is A passing-off can occur even if the name of the product does not have a similarly sounding brand name, as in this case, but the external appearance has become the embodiment of the product and the consumer would be easily convinced that the product is that of the Applicant despite the fact that the brand name is different and not capable of confusion with that of the Applicant.
The probabilities are simply overwhelmingly in favour of the fact that the specific consumers knew that they were not purchasing Broquet pumps and any evidence in the affidavits to that effect was in any event based on inconclusive speculation and hearsay. Pulp and Paper Industry With our unique hard-facing alloys we can reach optimum results.
But it is not limited to unlawfulness of that kind. Gear pumps Pumps Piston pumps Centrifugal pumps Submersible pumps. Our high precision micro gear pumps provide The business of the Applicant is the design, manufacture and marketing of industrial pumps and components throughout the world.
Founded inspecializes in high-precision, cost-effective It had ceased to be any kind of competitor at all since and it was only during November that a letter was addressed to the First Respondent on behalf of the attorneys acting on behalf the Applicant to address the issue of passing off.
The court went on, however, to make clear that the question in that case as in this case is: Gear pumps Pumps Hydraulic equipment Pumps, hydraulic Centrifugal pumps. Various types of electropumps Gear pumps Using the interactive map for sector Find out which countries are looking for suppliers in your country, and all the other search flows on Europages country by country. The relief sought by the applicant in prayer c of its notice of motion, as it is sought to be amended, is based on the law as it is stated Schultz v Butt.
The allegation of infringement of copyright was not addressed in this letter but in fairness to the Applicant it may not have known about it at that stage. I will deal with this aspect at the end of this judgment. I fully intend to pump the Respondents of costs of these applications, excluding the application for condonation which became settled, that cluttered up the record whatever the merits of the applications.
BROQUET : CONTACT (US) – Broquet Pumps
He says this explanation lacks candour and should therefore be rejected broqurt false. This is a selection of Globally renowned inventor and manufacturer of manual semi rotary pumps for transferring diesel, oil or even solvents, Pompes JAPY has been working hard to offer its customers innovative solutions Minimizing spillage during disconnection keeps workhops clean.
Counsel for the Applicant: The infringement of copyright formed part of the evidence for the other and more material relief sought and in that the Applicant was singularly unsuccessful. We manufacture off-the-shelf gear racks, special gear racks, gears from customers’ drawings, power take-off accessories, chamfered bars, In such a case, the unlawfulness which is a requisite of Aquilian liability may fall into a category of clearly recognized illegality….
The Applicant will not be awarded the costs of the application for the amendment as it should have asked for the relief it subsequently sought at the stage when the application was launched. The performance graphs and other works covered by the order in a in relation to the offending pumps. Ridgeside Office Park, Umhlanga Rocks. Do you sell or make similar products? According to him First Respondent provides pum;s engineering services to various industries including the sugar industry.
Manufacturing or selling the offending pumps in the form shown in annexure OB9 to the founding affidavit.
It is submitted that the Applicant is seeking to acquire, by the relief that it is asking for, a monopoly in respect of functional and utilitarian pumps of a particular shape and configuration and having particular attributes. Respondents were adamant that it was never the intention to pass its pumps of as Broquet pumps and resisted the relief sought in the Notice of Motion, apart from that in paragraph 1 thereof.
Using the performance graphs and other works covered by the order in a in relation to the offending pumps.
The test for wrongfulness is one of fairness and honesty having regard to the boni mores and the general sense of justice of the community. The technological leader headquarter is in It is this decline in business that caused the Applicant to launch investigations and to determine, probably correctly, that the decline in business was due to the activities of the First Respondent.
Both his grandfather and father were also involved with the business of the applicant and his father, J F Briere, deposed to an affidavit in the application. The applicant does not contend that the reverse engineering i. It is well established that the law pertaining to passing —off and indeed the law pertaining to trade marks does not create monopolies.
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