Logik Group Africa (Pty) Ltd t/a Fire Logik v Fire Logic (Pty) Ltd

Fire Logic (Pty) Ltd was incorporated in 1994 and has traded for over 27 years under the name 'Fire Logic' in the Eastern and Western Cape provinces, providing fire protection and maintenance services. Over time it built up goodwill and a substantial reputation, supported by consistent turnover and marketing expenditure. Logik Group Africa (Pty) Ltd, incorporated in 2015, began trading under the name 'Fire Logik' in the same industry and geographic areas. Despite correspondence from Fire Logic in 2016 raising concerns of confusion and an undertaking by Logik Group to avoid confusion and change its name, Logik Group continued trading as 'Fire Logik' for several years, including through its website and email addresses. Evidence showed actual market confusion, including misdirected purchase orders and enquiries. Fire Logic launched an application in 2021 seeking an interdict to restrain Logik Group from passing off its services as those of Fire Logic.

The appeal was dismissed with costs, confirming the interdict restraining Logik Group Africa (Pty) Ltd from using the name 'Fire Logik' in the Eastern Cape and Western Cape provinces.

The case reaffirms South African common-law principles governing passing-off, particularly the evidentiary standards for establishing reputation and likelihood of confusion. It underscores that long-standing use, turnover, and marketing can suffice to prove goodwill, and that bare denials are inadequate to defeat such claims. The judgment also highlights the courts’ willingness to protect established business goodwill against deceptive trading practices.