QUESTION 2

Read Du toitskloof - KWV - 2090 case that was decided by the Advertising Regulatory Board.

2.1.1 Discuss whether the complaint could have been dealt with in terms of the misappropriation of the advertising value. Take note of the Supreme Court of Appeal ruling Cochrane Steel Products (Pty) Ltd v M-Systems Group (1272/2016) [2017] ZASCA 189 (13 December 2017) (5)

2.1.2 Identify and discuss the form of unlawful competition that you could have applied to deal with the case and how you would apply it to the case. (10)

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