Koni Multinational Brands (Pty) Ltd v Beiersdorf AG

The respondent, Beiersdorf AG, is the manufacturer and distributor of NIVEA MEN personal care products, including men’s shower gels sold in South Africa for decades using a distinctive get-up predominantly featuring blue, white and silver colours. NIVEA MEN products had become market leaders, holding a substantial share of the male shower gel market by 2015. The appellant, Koni Multinational Brands (Pty) Ltd, launched a competing product, CONNIE MEN ACTIVE SHOWER GEL, in December 2015. Beiersdorf alleged that the appellant’s packaging and overall get-up were confusingly similar to its NIVEA MEN get-up, amounting to unlawful competition through passing-off. After correspondence failed to resolve the dispute, Beiersdorf obtained an interdict in the Gauteng Division of the High Court. Koni appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The Registrar of the Supreme Court of Appeal was directed to forward the judgment to the Legal Practice Council to investigate the conduct of the respondent’s attorneys regarding non-disclosure.

The case reaffirms South African principles of passing-off, particularly the protection of product get-up and overall visual impression rather than individual elements. It underscores that market leadership, extensive use, and consumer recognition can establish a protectable reputation, and that confusing similarity is assessed holistically from the perspective of ordinary consumers in real market conditions. The judgment also highlights professional ethical duties of disclosure in litigation.