ordinary meaning of a "badge of origin" (see Shalom Investments Ltd v Dan River Mills Inc., 1971 (1) SA 689 (A), at 31. pp 699 ff). In the present case, however, it is not necessary to come to any decision on these matters for, as I understood the argument of respondent's counsel, it was that respondent's use of the mark Mikacote was not as a badge of origin at all or as in any way either indicating a connection in the course of trade or distinguishing the goods to which the mark was applied. As counsel put it, Mikacote was a product name, not a brand name. The distinction between a "brand name" and a "product name" is not immediately apparent to me. Moreover, the evidence, to which I have already referred, shows that respondent's texture coating was normally sold under the name Mikacote; that when customers came to respondent's retail outlets 32 and asked for Micatex, they were told, so it is said by respondent's witnesses, that respondent did not stock Micatex, but that it did stock Mikacote; and so on. Moreover, at a certain stage, as already indicated, respondent made application in terms of the Act for the registration of the word Mikacote as a trade mark. Generally, I am satisfied that respondent's use of the word Mikacote in relation to its goods was "use as a trade mark". This issue must accordingly be resolved in favour of the appellant. Infringement I have already referred to the provisions of s. 44(1)(a) which defines the infringement committed by the use of a mark as a trade mark. As has been indicated, it is not disputed that respondent unauthorizedly 32 A