Key points
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First Choice lost its case against Fresh Choice in court.
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The judge said the names and logos are not confusing.
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Common words like “Choice” can’t be owned by one brand.
First Choice, a popular milk and dairy brand in South Africa, took its rival, Fresh Choice, to the Gauteng High Court.
The company behind First Choice, Woodlands Dairy, said that Fresh Choice’s name and logo looked and sounded too much like theirs.
They asked the court to stop Fresh Choice from using its current name and brand.
Woodlands Dairy has been in the dairy business for years and sells its milk and other products across the country.
They said they have the legal right to the name “First Choice” and that people know their brand. They also said they own the domain name fresh-choice.co.za.
The company believed Fresh Choice’s name could confuse people. They argued that “Fresh” sounds a lot like “First,” and both brands use the word “Choice.” They said shoppers may think both products are from the same company.
Judge says names are not confusing to the average buyer
However, the judge, Evette Dippenaar, didn’t agree. She looked at both brand names, logos, and packaging designs. She said that even if the words sound a little alike, most shoppers would be able to tell the difference.
She explained that people often remember brands imperfectly, but that does not mean they’ll be easily tricked.
According to her, the names and logos of both products are still clearly different. The judge also said there was no proof that Fresh Choice tried to benefit from First Choice’s reputation.
So, the court rejected First Choice’s request. Fresh Choice can continue using its brand name and logo.
Words like “First” and “Choice” can’t be owned by one brand
Another reason First Choice lost the case was that words like “First” and “Choice” are common. These are everyday words that many businesses use.
The judge said no company can own those kinds of words alone, unless their full brand is clearly unique.
Fresh Choice, which is a smaller dairy company, said it created its brand independently. The judge agreed, saying that Fresh Choice’s look and name were different enough and did not break any laws.
This ruling shows how hard it is to win a trademark case if your brand uses common words. It also reminds businesses to build strong, unique branding if they want legal protection.
