McDonald's makes its mark in South Africa

Abstract

The recent outcome of the McDonald's case is probably the most important judgment in the history of South African trade mark law. The judgment, which was delivered by the Appellate Division of the Supreme Court on 27th August 1996, has clarified the position in South Africa with regard to the protection of well-known trade marks, and has completely overruled the judgment of Southwood J in the court of first instance.