A legal battle over the use of the trademark “Salt of the Earth” relating to the deodorants two companies trade in, turned to the Western Cape High Court, with a United Kingdom-based company claiming that a South African company is infringing on its trademark.

Chrystal Spring Consumer Division Ltd, as well as Good Health Products, asked the court to interdict Salt of the Earth Products Ltd (the respondent) from selling its deodorant under this name. Chrystal Spring (first applicant), as the registered owner of the trademark, argued exclusive rights to use it based on its registration. Good Health Products (second applicant) claims the right to use the trademark under an exclusive distribution agreement between them.

The respondent, on the other hand, asserts that it has vested rights to use the trademark under the Trade Marks Act. The first applicant sells various products under the “Salt of the Earth” mark, including deodorants, aromatherapy oils, and soap.

The respondent also manufactures and sells various products, including a roll-on deodorant. It uses a combination of the trademark “Salt of the Earth” along with a device consisting of a black circular dot surrounded by three circles of circular dots placed above the words “Salt of the Earth”.

The applicants, however, said the respondent’s deodorant looks identical to theirs. In hitting back, the respondent argued that the applicants have failed to establish the likelihood of deception or confusion.

Peter Lowe, associated with the respondent company, said that he started his career in the health and wellness industry in 2007, selling water distillation systems and other products. After being introduced to Pink Himalayan salt in 2008, he decided to sell his Kruger Rands to raise enough capital to buy Pink Himalayan salt.

He hired a Pietermaritzburg-based advertising company to design labels, and during that process, he came up with the name of his new venture, “Salt of the Earth”.

In 2018, he registered the company called Salt of the Earth Natural Products Proprietary Limited. He could not register it as Salt of the Earth because that name had already been reserved. While confirming selling the deodorant under this name, Lowe said the packaging looks different as a black dot surrounded by three circles appears above the words “Salt of the Earth”.

According to Lowe, he began selling the Salt of the Earth range, including the deodorants in 2010 already – long before the applicant sold his product. The applicants, however, said they do not object to his company trading as Salt of the Earth for its products, but this must exclude the deodorants, as this name is theirs, by means of their trademark.

Judge Lister Nuku ruled in favour of the UK-based company and said the respondent failed to prove its bona fide use of the trademark before the applicant’s registration.

He ordered the respondent to remove the trademark “Salt of the Earth” from all its deodorants.

zelda.venter@inl.co.za

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