SA’s not-quite-Ralph-Lauren Polo brand just came perilously close to losing its trademarks

Left: South Africa's Polo, where the pony faces right. Right: Ralph Lauren Polo, where the pony faces left.

It should retain that legal protection even though South Africans may be buying the entirely different version of Polo sold in SA, said a majority of three justices of the court, while under the impression they are buying from America's Ralph Lauren fashion house. The owner of Polo South Africa, LA Brands, turned to the Supreme Court of Appeal to overturn that high court decision after a nasty fight it had started.

Under an agreement in the 1980s, Ralph Lauren sells only cosmetic and perfume products with the Polo brand in South Africa, and has not challenged the local version of Polo's right to use the very similar logo on clothing. Regardless of how, exactly, the deal came about,"reasonable and sensible consumers" in South Africa have likely been deceived into thinking they are buying Ralph Lauren, rather than clothes not at all associated with that brand.

Source: Law Daily Report (lawdailyreport.net)

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