Tsa Gae (Pty) Limited (All Kasi) and Ludo Kemoeng were first and second applicants respectively in their dispute against registered owner, Tumisang Keitseng, over the logo.All Kasi were challenging Keitseng's registration of the mark saying they are the rightful owners of the trademark. The applicants claim ownership of the trademark vests because Kemoeng, as director of the company, designed the Zebra head of the mark in 2002 for his company.All Kasi through its lawyer, Eddie Bayford, had submitted that the disputed mark bears a Zebra head as the most prominent feature of the respective parties' marks. Further that the respective parties' representation of the mark is very similar in that the applicant's mark consists of a Zebra head encompassed in a shield bearing the word, Botswana.
They also argued that Keitseng's mark consists of a Zebra head encased in a shield, which is inverted and bearing the word, Botswana. They observed that the only distinguishable difference in the two marks is the shield because whilst the top of the shield of the applicant's mark is concave, the top of the shield of the respondent's mark consists of two inverted half moons.
