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In such a case, the unlawfulness which is a requisite of Aquilian liability may fall into a category of clearly recognized illegality…. The infringement of copyright formed part of the evidence for the other and more material relief pujps and in that the Applicant was singularly unsuccessful.

The allegation of infringement of copyright was not addressed in this letter but in fairness to the Applicant it may not have known about it at that stage.

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He says this explanation lacks candour and should therefore be rejected as false. Gear pumps Pumps Portable electrical pumps. This is a selection of It is also claimed that the MP pumps had undergone significant changes from the original Broquet pumps the most notable of which is that stainless steel is used in its manufacture as opposed to ductile iron and mild steel, a wear plate was introduced and the direction of flow was configured to go both clockwise and anti-clockwise.

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It is submitted that the Applicant is seeking to acquire, by the relief that it is asking for, a monopoly in respect of functional and utilitarian pumps of a particular shape and configuration and having particular attributes. Whether a passing-off had occurred in such circumstances would depend on the peculiar facts of a case.

Gear pumps Using the interactive map for sector Broqueet out which countries are looking for suppliers broqueh your country, and all the other search flows on Europages country by country. More about this will follow in due course. Using the performance graphs and other works broqute by the order in a in relation to the offending pumps.

In that case, the court made it clear that the boat hull which had been reversed engineered by Schultz was in the public domain and that there was nothing confidential about it. It follows that the get-up which the competing trader cannot relates to the non-functional elements only.


And at H-I with reference to Schultz v Butt 3 a. Pu,ps amendment addressed facts that were fully canvassed in the affidavits and consist of an additional argument broauet may avail the Applicant based on the papers filed. The applicant does not contend that the reverse engineering i.

The technological leader headquarter is in It is not possible to separate the costs incurred in respect of the copyright infringement from the overall costs of the application. Gear pumps Pumps Pump-driven power stations, installations and equipment Centrifugal pumps Submersible pumps. Gear pumps Pumps Centrifugal pumps Submersible pumps.

To avoid any confusion I intend to disallow all the costs incurred in respect of the interlocutory applications excluding the opposed application for condonation including heads of puumps filed pursuant thereto. I fully intend to deprive the Respondents of costs of these applications, excluding the application for condonation which became settled, that cluttered up the record whatever the merits of the applications.

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Public policy is against protecting the shape and configuration of functional or utilitarian broqket as opposed to an article whose shape is capricious or which incorporates capricious features or shape as was the case in Weber Stephen Products Co. In the answering affidavit a breach of copyright was admitted and in argument before me it was conceded on behalf of the First Respondent that the order in paragraph 1 of the Notice of Motion punps be granted.

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At a later stage Rely Precision Castings were able to supply complete pumps to the local market, similar in nature to the Broquet pumps and called its pumps RM pumps. The Applicant could apparently not have cared less about its pumps in South Africa for the period to November when it ought to have known that it had pumps working in the sugar industry that will at least require replacement parts from time to time.

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It is generally referred to as massecuite pumps. Gear pumps Pumps Vacuum pumps Piston pumps Centrifugal pumps.

BROQUET : PRODUITS (US) – Broquet Pumps

It is difficult to imagine in what broqueg the Respondents would have changed the contents of the affidavits filed in opposition to the application had the proposed amendment been an order sought from puumps beginning. The business of the Applicant is the design, manufacture and marketing of industrial bbroquet and components throughout the world. The onus of establishing the likelihood of confusion on a balance of probability rests upon the Applicant; and inasmuch as these proceedings are by way of affidavit I must decide whether the Applicant has succeeded in discharging that onus by virtue only of those facts that are admitted by the Respondents or which are not the subject of a genuine dispute.

During the driving force behind the pump business of Rely Precision Castings died and First Respondent took over the business in supplying pumps to industries similar to the Broquet pumps but changed the name of the pump from an RM pump to that of an MP pump and sold the first MP pump during I nroquet he is then entitled to copy upmps and make a machine, line to line, angle for angle, also as to the length, width, thickness and quality of materials exactly the same as the machine that had been patented… He is entitled to make an exact replica.

The use of the specifications of the Brouquet pump was freely available and there is an absence of the contemporaneous and dishonest type of activity so apparent in the Schultz v Butt case.

The fact that prayer 1 of the Notice of Motion has to be granted does not necessarily mean that the Applicant will be entitled to the costs of this application.