2 minute read
SABS awarded court order against trademark abuser
from IMIESA Nov/Dec 2021
by 3S Media
The South African Bureau of Standards (SABS) welcomes the judgment in the High Court of South Africa Gauteng Division, Pretoria (Case 66330/2020) in which the judge ruled in favour of the SABS in a matter involving the unlawful use of the SABS trademark. The High Court instructed the supplier of sanitisers and disinfectants in question to cease using the ‘SABS Approved’ trademark and to remove it from all its products and packaging. The High Court further awarded damages of R458 742 in favour of the SABS. “Products that falsely claim to be SABS Approved can cause a myriad of problems for consumers in South Africa, with the most concerning impact being the health and safety SABS_IMIESA-HP_11-2021.pdf 1 2021/11/23 19:47 of consumers. The SABS is happy with the judgment, which is a win for our consumers,” says Jodi Scholtz, lead administrator, SABS. “As soon as the SABS became aware of the problem early in 2020, our Certification Division and legal team contacted the supplier in an attempt to stop the unlawful use of the SABS Approved trademark. However, these appeals fell on deaf ears. The SABS had no other choice but to pursue legal action as the supplier continued to advertise and sell their products, claiming to be SABS Approved,” Scholtz continues.
Jodi Scholtz, lead administrator, SABS While in the past, the SABS has experienced many infringements of its trademark, most companies adhere to its ‘cease and desist’ instructions. This judgment now sets a precedent and will strengthen the legal prospects for the SABS when companies fail to comply.
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The SABS says that it will continue to play its part in ensuring that all products that bear the SABS Approved trademark are legitimate and comply with the applicable national standard.
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Development in the building industry is a continuous process. New materials become available, design methods are refined, and innovative building systems. Development of new policies and procedures within building and construction might impact regulatory requirements, these interpretations cannot remain static if they are to accommodate such policy changes and allow for the early use of innovation in construction. The current setup has introduced full test automation of tests that are performed on the test bench in both SANS 60335-2-21 and SANS 151 test standards.
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