South African entrepreneur Hamint Daya has secured court protection for his BIG BOM lollipop brand after the High Court ordered distributors of rival POP GUM products to halt imports and sales over alleged trademark and packaging infringement.

The Gauteng Division of the High Court in Johannesburg granted an interim interdict on October 5 against Zimglo (Pty) Ltd and other respondents following a legal challenge by Saday Import & Export CC and Americandy Manufacturers (Pty) Ltd, the manufacturers and distributors of BIG BOM.

Court finds competing packaging similarities

Judge L.R. Adams found that Zimglo did not dispute the applicants’ ownership of the relevant South African trademarks, reputation and goodwill associated with BIG BOM’s packaging.

The court also found that POP GUM reproduced features of BIG BOM’s registered trademarks and established trade dress. Both products are identical, sold through the same channels and targeted at the same consumers, creating a reasonable likelihood of confusion.

Americandy produced 593.9 million lollipops in the financial year ended February 2026 and nearly 4 billion over the preceding decade. Its BIG BOM products are distributed nationwide, particularly through the cash-and-carry trade.

POP GUM entered South Africa in 2026

Zimglo began importing and distributing POP GUM in April 2026. Court records show that three containers containing 1,900, 1,875 and 1,875 cases of lollipops arrived in South Africa between April and July.

The dispute escalated in August after BIG BOM and POP GUM products were displayed alongside each other at Devland Cash and Carry in Soweto, described in the judgment as Americandy’s largest single customer.

Zimglo argued that its undertaking to withdraw POP GUM from the market made an interim interdict unnecessary. The court rejected the argument after finding that allegedly infringing products remained in retail outlets and that the proposed redesign did not fully resolve the disputed packaging similarities.

Adams said the urgency of the matter arose from the potential erosion of BIG BOM’s distinctiveness and goodwill, rather than simply lost sales.

Hamint Daya builds Americandy business

Daya, who is based in Johannesburg, owns and directs Americandy alongside his wife, Sunita Daya.

The candy manufacturer, which has operated since 2013, primarily supplies local wholesalers, with exports to markets including Angola, Namibia and Tanzania accounting for about 5% of income. The company sources approximately 94% of its procurement locally.

Americandy has also received support through the dtic Cost-Sharing Grant for machinery and equipment and operates at approximately 70% to 80% capacity. Its workforce has grown to 115 employees.

Court orders withdrawal and disclosure

The court ordered Zimglo and the other respondents to stop using POP GUM and POP GUM ZOMBIE packaging, as well as marks or get-up confusingly similar to the applicants’ registered trademarks.

Zimglo must also submit a sworn statement within 10 days detailing the quantities imported, import dates, customers supplied and remaining inventory.

The interim interdict will remain in force pending separate proceedings for final relief, which the applicants must institute within 20 days. Zimglo was also ordered to pay the applicants’ legal costs, including the costs of two counsel.