This case was between 2 big company one is from South Africa which is established in 2012 by Connie Ferguson and Joseph Nchabeleng . Company supplies around 12 plus type of personal care products to 900 stores around the world. On other hand Beiersdorf AG, is the founder of Nivea brand since 1882, well established company around the world and have outlets and products in every corner in the world. This brand recognised by there personal care products around the world .
Nivea founder brought legal proceedings against koni company in relation to there product called “Connie Men Active Shower Gel” on other side Nivea also have one of the product “Nivea Men Shower Gel” product that has almost 50% market share in that category . Koni create unlawful competition in the form of passing off. Koni company denied this statement and answering back to Nivea different names of the products and brand names is sufficient to distinguish the products from one another. The Nivea mark there formats and colours used in respect of the label applied to the product package and the colour,shape and size of the packaging which uses .Most distinctive features of Nivea company stand apart from Koni was that get up line ( pick up line of any product toh recognise easly by consumer) in the combination of the Blue ,White and Silver colours and with blue base .The koni product Connie men shower gel consists of a blue base with silver lids on the product similar to Nivea both had blue base with white font with silver outline and discription of the product. In short Koni company copying the Nivea .And had create a conflict between these companies.
Effects:-
1)Shower gel is often an impulsive buy wherein the consumers are less discerning for the product.
2) Parts of the appearance of a product create confusions and end up buying any of them without concern.
3) Logo design , format ,font.
4 ) size of the and shape of the bottle.
This effected the sales of Nivea Men Shower gel product decrease . Nivea found out this reason behind this .They file a case against them (koni ) .
The court order koni to take step back from this unlawful practice. But koni appeal the judgement that they are not following unlawful competition with Nivea . However Nivea try to proof in the court and found by judges Connie men shower gel creating confusion similar to Nivea’s product . Supreme court judgement in the favour of Nivea because all the evidence and allegations by Nivea are against the koni company. Court give the order to the koni company must now remove all the dispute product ( Men Shower gel ) from the store ,and including sign , colour, packaging so on . This come under the Companies Act 1956.