The Supreme Court of Appeal in South Africa dismissed an application for trademark infringement brought by  Puma against South African importer and distributor of footwear Global Warming.

In dismissing the appeal, according to Business Day in South Africa, the court held there were distinguishing features between the two trademarks as Puma is the proprietor of two trademark registrations in South Africa for its form strip device, a tapering device used on its footwear. It had instituted a trademark infringement action in the Cape High Court against Global Warming, alleging that it used a mark that was confusingly similar to Puma’s form strip device.

Global Warming’s footwear also bore the trademarks DT New York or DTNY (Down Town New York).

Global Warming denied that the footwear was similar to Puma’s on the grounds that its shoes had a distinctive split down the length of the mark.

The high court ruled that there were significant distinguishing features between the
two marks and said the average buyer would be able to see that Global
Warming’s footwear was not the same as Puma’s shoes Puma took the matter on appeal, but the appeal court agreed with the high court’s ruling that there were distinguishing characteristics between the marks .