QUESTION 2 Cash Drainers, a business which manufactures and sell sports clothing and running shoes has operated in Uitenhage for the past 12 months. The logo used on the clothing also has three stripes, although the colours vary depending on the season. The brand name under which they trade is called Adibas. You are approached by Rajesh, the owner of Cash Drainers. He is very worried as he has received a letter from Adidas, a German multinational corporation that designs and manufacture sports clothing and accessories ordering him to stop using the name Adibas for his clothing company. They claim that consumers may believe that Adibas is linked to the Adidas Multinational Corporation. Adidas supports this contention by pointing out that the use of three stripes by Cash Drainers, is almost identical to the logo used by Adidas. Furthermore, the packaging used to sell the products bears a striking resemblance to that of Adidas. In response to these allegations, Rajesh informs you that he has named his brand Adibas after his surname as he wants to leave this business to his son one day. Advise Rajesh whether Adidas may be successful in a claim for passing off in unlawful competition. [TOTAL Q2: 15 MARKS] QUESTION 3 Martin decides to go watch a Rihanna concert at Moses Mabida Stadium in Durban. The fans become extremely agitated as it seems as if the performer is lip synching (mouthing the words but not actually singing). They begin to throw missiles (bottles, stones) at the singer. The police are subsequently summoned. However, instead of arresting unruly fans, the police begin to use excessive force by using tear gas and rubber bullets, as well as assaulting members of the public. Martin is assaulted by the police while he is trying to leave the stadium. After he is beaten up, he decides to slap the police officer. 3.1 Can Martin sue the Minister of Police for vicarious liability? [Total Q3.1: 15 marks] 3.2 Does Martin have any defence at his disposal for slapping the policeman who used excessive force against him? Discuss briefly with reference to relevant law authority. [Total Q3.2: 5 marks] [TOTAL Q3: 20 MARKS] QUESTION 4 4.1 Discuss the doctrine of Sudden Emergency. [Total Q4.1: 5 marks] 4.2 Define the once and for all rule. [Total Q4.2: 5 marks] [TOTAL Q4: 10 MARKS] TOTAL FOR PAPER: 75 MARKS