ISSUE:
Whether the court should grant injunction to prohibit Defendant to open a restaurant under the name “Nando’s”?
Sub issues-
Whether Nandu’s and Nando’s are similar marks?
Whether the goods and service they provide are identical or similar?
RULE:
The rule of law applied in the case of Balkrishna Hatcheries v Nandos International Ltd 2007 is that in order to succeed in a claim for trademark infringement, the plaintiff must establish that the defendant's use of the trademark is likely to cause confusion amongst consumers.