The desirable qualities of texture coatings have rendered them extremely popular in this
country and they are produced by numerous paint manufacturers. All these manufacturers
describe their products as "texture coatings", "textured coatings", "texture paints" or by
minor variations of these terms. The term texture coating is also in general use in the
building trade and contract specifications often stipulate for texture coatings of various
kinds.
The texture coating sold by appellant under its Micatex trade mark contains the silicate
known as mica. The mica ingredient in the texture coating constitutes approximately 9
per cent by weight of the
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texture coating as a whole. It is what is termed a "filler". The other ingredients of
appellant's texture coating are pigment and other fillers (not including mica) plus-minus
34 per cent; emulsion (resin) 19 per cent; and water 38 per cent. The use of mica as an
ingredient is confined to specialty paints, such as texture finishes, to which it imparts
additional strength and resistance to checking and cracking. Another filler substance
which Micatex contains is marble.
From the middle of 1978 appellant mounted a concentrated and costly promotional
campaign, through the media of the press, the radio and television, in order to publicise
its product Micatex and increase the
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sales thereof. In the course of this campaign Micatex was portrayed as a particularly
effective "textured exterior coating" or "exterior coating". Appellant also produced and
distributed sales pamphlets and brochures. The total cost of the campaign over the period
August 1978 to July 1979 exceeded R300 000. Sales figures over the period January
1978 to July 1979 for the Reef area, Natal and the Cape Province show that as from July/
August 1978, when the campaign commenced, there was a dramatic and sustained