Connie Ferguson’s beauty products under threat

Actress Connie Ferguson is under threat after one of her beauty product’s competitors, took her to court. This is after allegations by the competitors that Connie stole trademarks from international brand, Nivea.

Law suit

Nivea owners are thus suing Connie for passing off some of its products as if they were Nivea’s. They want a court order to clear shops of all Connie’s men products.

According to them, Connie has been riding on Nivea’s success and reputation, to sell her products.

At the centre of the row was the use of blue containers, silver and yellow fonts, logos as well as get-ups.

In its application, Nivea filed for an interdict “to restrain the respondent from passing-off its Connie Body Care Men Active Shower Gel as being that, or as being associated with that, of the applicant. By making use of a get-up in respect of the infringing shower gel which is likely to cause confusion or deception in the market as to the source of its goods or as to its connection or relationship with the applicant”.

Bullying

In their answering affidavit, Connie and her business partner accused them of bullying.

“The respondent is bringing healthy competition to the men’s shower gel market, and the applicant, being an international company, is trying to bully and intimidate the respondent by bringing this baseless application,” they said in their court documents.

In its application, Nivea tried to convince the court that it had been in the business longer than Connie which was established in 2012.

“The applicant has used its blue and white get-up continuously since 1925 and continues to use it to this day, including in South Africa.

“Printouts of pictures of the Nivea packaging (tin) for the years 1935, 1949, 1959, 1970 and 2007, showing the applicant’s extensive and long-standing use of the distinctive blue and white get-up, are annexed.

“In 2008 the applicant re-launched its Nivea Men range by, inter alia, applying a new get-up to its Nivea Men packaging, the applicant added the colour silver to its distinctive blue and white get-up.

“The applicant is, in fact, aware of actual confusion in the trade,” it said.

Connie dismissed the claim that there was confusion in the trade. She said Nivea was picking on them as other brands like Clere, Vaseline and Protex were also using similar packaging and colours.

“The applicant cannot claim monopoly over the blue, white and silver colours,” said Connie in its documents.