The Western Cape High Court handed down a judgment in favour of Jordan Wine Estate on 18 March 2010, in the matter between Jordan Winery and Lovane Wine Estate, over the infringement of Jordan's CHAMELEON trademarks.
Jordan Winery was granted an interdict to restrain Lovane from infringing its chameleon trademark device or any other confusingly or deceptively similar trademark used by Jordan Winery in terms of s 34 (1)(a) and (b) of the Trademarks Act 194 of 1993. Lovane, while keeping their name, was ordered to deliver up any existing infringing material as provided for in s 34(3)(b) of the Trademarks Act and was ordered to pay the costs of the High Court application including the costs of counsel.
In his judgement, Judge L Bozalek noted that "prior to December 2007 when Lovane put up their chameleon signboards and labelled their wine with a chameleon device", Jordan Winery had been the only persons utilising such a device and the word mark "Chameleon" in connection with wine and related services. Since 1993 Jordan has used their chameleon device and "chameleon" word trademarks extensively throughout South Africa and internationally.
The Chameleon range of wines has won a number of awards and has also achieved national and international recognition. Jordan has, furthermore, achieved significant sales figures both locally and internationally in respect of the Chameleon range of wines.
In reaction to the judgement Gary Jordan remarked, "we always prefer to settle such matters over a glass of wine as we had wanted to do in this case in December 2007, however we will defend our intellectual property rights and any other rights in the highest court in the land if necessary."