The battle between Getaway and Wegbreek appears to be drawing to a close, with the Cape Supreme Court ruling on Wednesday that Media24/New Media Publishing desist from publishing Wegbreek in is current guise, and destroy all material bearing the mark ‘Wegbreek’.

According to Judge AM Motala, the Afrikaans leisure travel title infringes upon the English title’s trademark.

In his judgement, Motala commented that, “Wegbreek is virtually a translation of Getaway”.

“In my view, a substantial number of persons of average intelligence … will probably be deceived or confused into believing that Wegbreek is an Afrikaans version of Getaway,” he said.

“An examination of several issues of the two magazines reveals many similarities between them. Both are glossy colour publications of comparable size and weight. Both are aimed at the same readership. The contents of each, if translated, would quite appropriately fit into the other. They share many features. One feature in Wegbreek “Moegoe van die Maand” is a blatant copy of Getaway’s “Mug of the Month” – and is almost plagiaristic.

He concluded: “Apart from the title and the language used, there is nothing to distinguish Wegbreek from Getaway.”

Unhappily for New Media Publishing, this could signal the end of the road for Wegbreek as we know it – arguably one of the country’s most successful publication launches of late.

Launched last year April, it has already amassed a circulation of almost 60 000. And in December last year, it was announced that the title would be increasing its frequency from alternate monthly to monthly.

At the time of publishing, the only comment from Media24 was that the company “has noted the judge’s decision and taken cognisance of the ruling”.

Harold Eedes, managing director of Ramsay Son & Parker (which publishes Getaway) is naturally pleased with the outcome of the court case.

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