Yuppiechef fails to stop Yuppie Gadgets from using its trading name

16 September 2016 - 16:52 By Ernest Mabuza

The Supreme Court of Appeal has dismissed an appeal by Yuppiechef Holdings that another online company‚ Yuppie Gadgets‚ infringed Yuppichef’s trademark.Yuppiechef principally sells kitchen equipment‚ although it does sell some other household and garden goods and is expanding into food and beverages.From humble beginnings in 2006 it had secured a substantial turnover by 2014‚ when the present proceedings were commenced.The trouble started when Urban Gadgets decided in 2011 to change its name to Yuppie Gadgets‚ prompting Yuppiechef to launch its application.Yuppiechef’s main complaint against Yuppie Gadgets was that it was infringing its mark by using‚ in relation to its own online business selling quirky and unusual items and gadgets for household and office use‚ the unregistered mark “Yuppie Gadgets”.Yuppiechef also contended that Yuppie Gadgets was passing its business off as that of Yuppiechef.The high court in Cape Town dismissed Yuppiechef’s claims‚ but granted leave to appeal to the Supreme Court of Appeal.In its judgment‚ the SCA said Yuppiechef’s business was that of an online retailer of kitchen and household goods.“It is aimed at the younger and more affluent section of the market consisting of the people who are most comfortable with shopping online. Overwhelmingly‚ the goods that it sells bear well-known marks‚ such as Le Creuset and Jamie Oliver cookware‚ Wusthof knives or Weber braai equipment.”The court said Yuppie Gadgets’ focus was different from that of Yuppiechef.“Its main target market consists of younger‚ more affluent‚ consumers who are attracted by what it describes as ‘hot’ and ‘cool’ gadgets and gizmos.”Judge Malcolm Wallis said these were quirky‚ slightly unusual items of household and office equipment‚ decorative items and unusual gadgetry.“They are best described as novelty items‚” Judge of Appeal Malcolm Wallis said.Wallis dismissed Yuppiechef’s appeal‚ saying the two marks‚ Yuppiechef and Yuppie Gadgets were not so similar that the use of Yuppie Gadgets was calculated to deceive or cause confusion among shoppers who purchased from online retail stores.Wallis said an argument was made by Yuppiechef that the websites “have a similar look and feel”.“Even after having accepted the invitation in the heads of argument to visit both sites‚ the similarity in look and feel escaped me‚” Wallis said. - TMG Digital..

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