Getting hot around the braai in Durban
● A Durban businessman wants the KwaZulu-Natal High Court to rake Pick n Pay over the coals for using his trademark on their braai products.
In court papers served on the retail giant this week, Flamco CC owner Rajan Naicker said he had hoped to resolve the matter amicably but the retailer continued to use his trademark, Braaitime.
On his last count, Pick n Pay was using the trademark on more than 30 of its products.
Naicker had made extensive use of his trademark Braaitime on a variety of popular braai products including charcoal, charcoal briquettes, instant-light charcoal and firelighters since 1986.
His company supplied the Pick n Pay KwaZulu-Natal region with products using the same trademark for 17 years.
Pick n Pay then adopted its own house brand of braai products and accessories under the name Braai Time.
In his court application, Naicker said that given the history that his brand had with the retailer, Pick n Pay ought to have known that he owned the trademark and that it was guilty of infringement.
He believes that Pick n Pay used his trademark to deceive and confuse consumers by misrepresenting their products as his brand.
In January, Naicker wrote to a senior official at Pick n Pay, Hennie Roets, to point out that the retailer was selling charcoal and briquettes bearing his trademark.
On February 27, Pick n Pay informed Naicker that it would be removing the wording on its next packaging print run.
“Not a word was stated as to Pick n Pay’s present stock bearing the name Braai Time, nor when the next print run would eventuate,” Naicker said.
Pick n Pay was still actively and widely advertising products bearing his trademark, he said. The retailer’s latest Easter catalogue features its in-house braai products bearing the trademark.
Naicker believes that Pick n Pay will attempt to delay the court matter to allow it to sell its existing stock.
He wants the court to order Pick n Pay to stop selling, advertising, promoting or dealing in any manner whatsoever with any product using the name Braai Time or Braaitime on products other than his own.
Naicker also wants the court to issue an order for Pick n Pay to destroy all goods and packaging bearing the mark.
Naicker plans to lodge a separate application for damages and royalties and he wants the court to order Pick n Pay to furnish him with an audited statement giving details of the quantities of goods sold.
Pick n Pay spokesman Janine Caradonna told the Sunday Times that Pick n Pay had “worked to resolve the issue between us but unfortunately this issue is now a legal one, and will be determined through the legal system in due course”.
The retailer has until this week to notify Govender if it will defend the matter and then about two weeks to file any responding papers.