Can Use Of An Email Address Be Trade Mark Infringement?

Background

Twins Import and Export (Pty) Ltd v Marinov & AI Sky CCTwins Import and Export (Pty) Ltd ("Twins"), a company operating in the agricultural products market, is the registered proprietor of the trademark "MAXGROWPLUS".

Following the termination of their distribution agreement with Twins, Ivan Pashev Marinov and AI Sky CC (the "Respondents") allegedly engaged in a series of questionable activities. These included using the MAXGROWPLUS trade mark in email communications and on social media platforms, decanting and relabelling Twins' products without authorisation, and circulating statements to customers describing Twins' products as "unregistered" and "illegal".

This conduct came to Twins' attention through correspondence received on 16 September 2025, prompting the company to launch urgent proceedings just three days later.

Key legal issues

1. Whether the Respondents' conduct constituted trade mark infringement.
2. Whether the statements made by the Respondents concerning the legality and registration status of Twins' products constituted actionable injurious falsehoods.

Findings

The court found that Twins had established all the requirements for interim relief. The Respondents' own admissions,that they used an email address incorporating the mark, repackaged Twins' goods and printed unauthorised labels reflecting the MAXGROWPLUS mark constituted explicit acts of trade mark infringement.

Regarding the injurious falsehoods, the court found that the Respondents had actively solicited customer complaints and described Twins' products as "not registered" and "not legal for sale". Rather than distancing themselves from these statements, the Respondents repeated them in their answering papers, thereby confirming their defamatory nature.

The court interdicted the Respondents from using the MAXGROWPLUS mark or any confusingly similar mark, restrained them from making false, misleading or disparaging statements about Twins or its products, and ordered delivery up of all infringing goods, labels, packaging and promotional materials.

Takeaways

1. Secure your trade mark registrations: The existence of registered trademarks was fundamental to Twins' success. Section 34(1)(a) of the Trade Marks Act provides powerful remedies for proprietors of registered marks. If your brand is not registered, you should consider doing so without delay.
2. Act swiftly to protect your brand: Twins launched proceedings within three days of discovering the infringing conduct. This prompt response was crucial in establishing urgency and obtaining interim relief.
3. Document everything: Twins was able to produce correspondence, screenshotsand other evidence demonstrating the Respondents' conduct. Courts require evidence. Proper record-keeping can make or break a case.

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