still doing so at the time of the hearing before VAN HEERDEN J... During the course of a related appeal in the matter of Plascon-Evans Paints (Tvl) Limited v Decro Paint and Hardware (Pty) Ltd, which was heard by us on the day following the hearing of the present matter and in which the same issues arose, we were informed by counsel that respondent had ceased 18 to market its products under the Mikacote mark. Though this renders the real issues between the parties moot, it unfortunately does not relieve us of the task of deciding this appeal. With regard to the use by respondent of the mark Mikacote it is relevant to note that 'respondent's texture coating does contain mica, the breakdown of this product, shown as a percentage by weight, being the following: pigment and other fillers (not including mica) 32,97; mica 8,72; emulsion (resin) 19,44; water 36,39; additives 2,48. Mikacote does not, however, contain marble, one of the ingredients of Micatex. 19 The goods in relation to which the marks Micatex and Mikacote were being used were offered for sale in hardware stores, multiple stores, general dealer's stores and similar outlets. They were purchased, inter alia, by word of mouth, either over the counter or over the telephone, or by selection by appearance. The purchasers included not only persons skilled in the paint trade, but also persons having no specialized knowledge and merely wanting to perform painting work themselves or by means of unskilled employees. It is averred by respondent that such purchasers nevertheless "generally have a more than rudimentary knowledge of the products and the substances contained in them". 20