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2.1 Jack Company, a whisky producer, learns that Mabaso Company has launched a new whiskey under the name NORTHERN LIGHT. Mabaso Company states that this

2.1 Jack Company, a whisky producer, learns that Mabaso Company has launched a new whiskey under the name NORTHERN LIGHT. Mabaso Company states that this whisky is made in Northern Scotland according to traditional methods and contains 50% fewer calories than ordinary whisky. Neither of these allegations is true. Jack Company loses sales as it seems that health-conscious people buy NORTHERN LIGHT because they believe these false claims. Can Jack Company take any legal action against Mabaso Company?

Advise Jack Company on the basis of private competition law. Substantiate your answer with reference to relevant case law where applicable. (10)

2.2 Discuss when information will qualify for protection as a trade secret. (5)

2.3 Discuss the application of the "unclean hands" doctrine briefly in passing off cases and refer to relevant South African case law. (5)

2.4 Distinguish between primary and secondary boycotts and discuss whether they are lawful or not with reference to relevant case law. (5)

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