ANC granted leave to appeal MK trademark decision

The KwaZulu-Natal High Court has granted the African National Congress (ANC) leave to appeal a decision by the Durban High Court over the use of the trademark and logo by the uMkhonto weSizwe (MK) party.

In April, the Durban High Court dismissed, with costs, the ANC’s application to stop the party led by Jacob Zuma from using the logo and trademark that resembles a spear and shield.

ANC OBTAINED LEAVE TO APPEAL MK TRADEMARK AND LOGO DECISION

The South African It was previously reported that the ANC had accused the MK party of trademark infringement, arguing that the MK logo (which features a spear and shield) and name are the heritage and intellectual property of the ruling party.

The name of the party led by Jacob Zuma is identical to that of the armed wing of the ANC, which the late Nelson Mandela led from exile during the apartheid era.

Last Thursday, the ANC vowed to take its application to the Supreme Court of Appeal, saying it was confident there was a reasonable prospect of success.

The ANC relied on section 34(1)(a) and (c) of the Trade Marks Act, 194 of 1993 (“the Act”), to demonstrate that the Zuma-led party is falsely representing itself as being linked or associated with the ANC by using the ruling party’s well-known logo and its well-known name uMkhonto weSizwe.

Following the initial ruling in April, ANC secretary-general Fikile Mbalula said that in appealing the judgment, the ANC would focus on whether the unauthorised use of a person’s intellectual property depends on what and how the unauthorised party uses the property.

REASONABLE PROSPECTS OF SUCCESS

On Thursday, Judge Mahendra Chetty found that the ANC’s application offered reasonable prospects.

“I am satisfied that the appeal would have a reasonable prospect of success, as another court might differ from the view I have reached, including in relation to jurisdiction, locus standi, as well as the merits of the trademark infringement,” he said.

WHAT DO YOU THINK OF THE LATEST DEVELOPMENT IN THE ANC AND MK PARTY TRADEMARKS CASE?

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