The first applicant, Van Willing Funerals CC, is a long-established funeral undertaking operating in parts of the Eastern Cape. The second applicant, Cecil Brian ‘Junior’ Van Willing, is its sole member. The respondent, Vision Direct 155 (Pty) Ltd trading as Transafrica, is a licensed financial services provider and insurance intermediary offering, inter alia, funeral policies underwritten by Centriq Life Insurance Ltd. In November 2022, Van Willing (on behalf of the first applicant) concluded an agreement with Transafrica pursuant to which Brijuwen CC (owned by Van Willing) and nominated individuals were appointed as mandated representatives under Transafrica’s FAIS licence to sell funeral policies. It was agreed that policies would be marketed as ‘Van Willing Funerals’ policies and that commissions would be paid to the applicants’ nominated entity. In March 2023, three such policies were sold using documentation referring to Van Willing Funerals, with a covering letter bearing Transafrica’s letterhead but reflecting Van Willing’s name at the foot. Later SMS communications regarding policies and claims were sent by Transafrica in the name of Van Willing Funerals. The applicants alleged that this conduct amounted to unauthorised passing off, fraud, and forgery, and sought a final interdict restraining Transafrica from using their name and reputation. Transafrica contended that all use of the name occurred with the applicants’ consent under the agreement.