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[2022] ZASCA 161
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LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650/2020) [2022] ZASCA 161 (25 November 2022)
THE SUPREME COURT OF
APPEAL OF SOUTH AFRICA
JUDGMENT
Not reportable
Case no: 650/2020
In the matter between:
LA GROUP (PTY) LTD
APPELLANT
and
STABLE BRANDS (PTY)
LTD
FIRST RESPONDENT
THE REGISTRAR OF TRADE
MARKS
SECOND RESPONDENT
Neutral
citation:
LA
Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another
(Case
no 650/2020)
[2021] ZASCA 161
(25 November 2022)
Coram:
PONNAN, MAKGOKA, SCHIPPERS and PLASKET
JJA and PHATSHOANE AJA
Delivered:
25 November 2022
Summary:
Correction of patent error in order.
AMENDED ORDER
Paragraph 2(c) of the
order granted in this matter is amended by the deletion of ‘2013’
and the substitution therefor
of ‘2014’.
JUDGMENT
Schippers
JA (Ponnan, Makgoka and Plasket JJA and Phatshoane AJA concurring):
[1]
Paragraph 2(c) of the order granted in this appeal on 22 February
2022 reads:
‘
2
The first respondent’s counter-application for the removal from
the register of trade
marks, in terms of s 27(1)
(a)
of the
Act, of the following trade mark registration numbers is upheld:
. . .
(c)
2013/31832 POLO PONY & PLAYER DEVICE in class 9, save for
‘glasses, spectacles, sunglasses’;’
[2]
On 12
October 2022 the parties to the appeal drew to the attention of the
registrar of this Court that the aforesaid order contained
a patent
error, namely that ‘2013’ in the order should be deleted
and substituted with ‘2014’. They accordingly
sought the
correction of the order. The error may be corrected,
[1]
particularly because the order in question is one
in
rem
that
affects a public register.
[2]
[3]
It is accordingly ordered that:
Paragraph 2(c) of the
order granted in this matter is amended by the deletion of ‘2013’
and the substitution therefor
of ‘2014’.
A SCHIPPERS
JUDGE OF APPEAL
[1]
Firestone
South Africa (Pty) Ltd v Genticuro A.G.
[1977] 4 All SA 600
(A);
1977 (4) SA 298
(A) at 307A-308A. See
Afgri
Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship
Bulkers A/S (in liquidation) and Others
[2019] ZASCA 104
para 6;
Oosthuizen
and Another v The State
[2020] ZASCA 1
para 1.
[2]
The Gap Inc v Salt of the Earth Creations (Pty) Ltd and Others
[2012] ZASCA 68
;
2012 (5) SA 259
(SCA) para 2.