In Shalom Investments (Pty) Ltd v Dan River Mills Inc., 1971 (1) SA 689 (A), this Court had occasion to consider the meaning of s. 46(b). OGILVIE THOMPSON JA, who delivered the judgment of the Court, referred to with approval, and adopted as being equally applicable to the provisions of s. 46 (b) of the Act, certain remarks of LAWRENCE LJ, made with reference to the identically-worded s. 44 of the English Trade Mark Act of 1905 in the well-known case of J B Stone & Co Ltd v Steelace Manufacturing Co Ltd, (1929) 46 RPC 406, at p 417. The learned Lord Justice said: "In my opinion the object of Section 44 was to safeguard traders in cases where the registered trade mark consisted of more or less descriptive words forming 52 part of the ordinary English language, without the use of which other traders would find some difficulty in describing certain qualities of their goods; but was never intended and does not operate to enable a trader to make use of a rival trader's registered trade mark consisting of a fancy word having no reference to the character and quality of the goods in order more readily to sell his own goods." In the Shalom Investments case, supra, the respondent was the proprietor of the mark "Dan River", registered in regard to, inter alia, cotton goods and articles of clothing. The respondent operated a large textile mill in the USA and the Dan River mark was used in relation to its textile products. Without respondent's consent, appellant obtained material manufactured by respondent, made it up into ladies dresses and marketed 53 them, each with a label indicating that it was made from a Dan River fabric. Appellant was held by the trial Judge to have infringed respondent's mark. On appeal to this Court, in addition to attacking the infringement finding, appellant sought to rely on s. 46 (b). After the quotation from the J B Stone case, supra, OGILVIE THOMPSON JA went on to deal with the applicability of s. 46 (b) - at p 708 E - G: