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Seth Rotherham
  • Yuppiechef’s Epic Legal Battle Just Came To A Close – They’re Not Stoked

    19 Sep 2016 by Kiernan in Legal, Shops & Retail, South Africa, Yuppie Chef
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    • Yuppiechef Is Opening Its First Real Life Shop In Cape Town Next Month

    Five years is a long time in anyone’s books, and that’s especially true when it comes to a courtroom battle.

    This one dates right back to November 2011, when Yuppiechef sent a legal letter to the team at Yuppie Gadgets. The former wasn’t happy with the latter using the word ‘Yuppie’, saying that they were ‘trading on its good name and causing it harm’.

    Yuppie Gadgets weren’t backing down, and the case ended up in the Western Cape High Court. Over to MyBroadband:

    [The court] ruled in favour of Yuppie Gadgets.

    Yuppiechef appealed the ruling, and the case was heard by the Supreme Court of Appeal (SCA) in Bloemfontein on 1 September 2016.

    The SCA held that the two marks Yuppiechef and Yuppie Gadgets are not so similar that the use of Yuppie Gadgets was calculated to deceive or cause confusion among shoppers.

    yuppiecheflegals2

    It also held that the Yuppie Gadgets mark was being used for a business not related to the goods in respect of which Yuppiechef’s mark was registered.

    The court further held that there was no evidence of blurring or the tarnishing of the Yuppiechef mark.

    The Supreme Court of Appeal dismissed the appeal by Yuppiechef, with costs.

    More from that judgement on TimesLive:

    …the SCA said Yuppiechef’s business was that of an online retailer of kitchen and household goods.

    “It is aimed at the younger and more affluent section of the market consisting of the people who are most comfortable with shopping online. Overwhelmingly‚ the goods that it sells bear well-known marks‚ such as Le Creuset and Jamie Oliver cookware‚ Wusthof knives or Weber braai equipment.”

    The court said Yuppie Gadgets’ focus was different from that of Yuppiechef.

    “Its main target market consists of younger‚ more affluent‚ consumers who are attracted by what it describes as ‘hot’ and ‘cool’ gadgets and gizmos.”

    Some serious dad talk in that last sentence – cool gadgets, yo – but the point seems to ring true.

    Oh well, I’m sure the team over at Yuppiechef are holding up just fine as they continue to watch the sales pour in. After all, who doesn’t need another R4 000 casserole dish to show off to your friends?

    [sources:mybroadband&timeslive]

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