ANC pursues court order to stop MK Party from using its trademarks
The African National Congress (ANC) confirmed on Thursday that its legal team is appearing in the KwaZulu-Natal High Court to seek leave to appeal to the Supreme Court of Appeal, to stop the uMkhonto we Sizwe Party (MKP) from any further “unlawful use” of the ANC’s trademarks, symbols and heritage.
The ANC pointed out that MKP leader Jacob Zuma and his collaborators are committing what the ANC considers to be a gross violation of the Trade Marks Act - registering a political party appropriating the uMkhonto we Sizwe logo and related symbols unlawfully.
The ANC has requested the High Court to interdict and restrain the MKP from passing itself off as “being connected with the ANC” by the use of the name uMkhonto weSizwe and the related logo, or any other trademark, and to remove ANC intellectual property from any of the party's websites, social media accounts, banners, t-shirts, signs, labels, promotional and advertising material, packaging, stationery, and other printed matter.
In April the Durban High Court ruled against the ANC and in favour of the MKP.
The ANC is determined to petition for a court order that stops the MKP from any further unlawful use of the ANC’s trademarks, with it believing there are reasonable prospects of success in the appeal.
The party noted that in section 34(1)(c) of the Trade Marks Act, 194 of 1993, the court, in its judgment, found that the mark used by the MKP was similar to that registered in the name of the ANC.
“This is all that section 34(1)(c) requires on this issue. The section does not require any further deception or confusion. Yet, this appears to be the primary basis upon which the cause of action was dismissed,” the ANC said.
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