Tag: LegalAnalysis
When a trade mark ruling goes too far
The recent decision in Soft Coffee (Pty) Ltd vs Nonnas Pasta (Pty) Ltd and Others (Case No. 088838/2025, High Court of South Africa, Gauteng Division is, in many respects, a model of how trade mark infringement should be adjudicated. The court decisively stripped away irrelevant noise. It remained faithful to the notional use doctrine and rigorously disposed of a section 36 defence that the respondent had never properly pleaded.
Contractual liability – insurers must assess each claim separately
In Las Vegas Sands, LLC vs National Union Fire Insurance Co. of Pittsburgh, the United States Court of Appeals for the Ninth Circuit reviewed the matter de novo. The court held that the lower court had erred by treating legally distinct causes of action as a single, unified “Claim”. These causes of action included breach of contract, fraud, and quantum meruit, all pleaded within one lawsuit.
