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When a trade mark ruling goes too far

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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.

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