Acting ANC spokesperson Zuko Godlimpi said the ANC is determined to petition for a court order that stops Zuma’s party referring to itself as the MK Party and any further “unlawful use of the ANC’s trademarks, symbols and heritage”.
“The grounds upon which the ANC contends the court erred in reaching the conclusions which it sets out include section 34(1)(c) of the Trademarks Act, where the court, in its judgment, found the mark used by the MK Party was similar to that registered in the name of the ANC. This is all that section 34(1)(c) requires on this issue.”
The ANC said the section also 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 court’s further finding that it lacks jurisdiction to determine the passing off and trademark infringement cases is novel in the sense that no high court has ever found its jurisdiction to determine a trademark infringement suit or passing off claim has been ousted by statute,” said Godlimpi.
The party alleged Zuma and his “collaborators” are committing a gross violation of the Trademarks Act by registered a political party appropriating the MK logo and related symbols unlawfully.
Zuma puts in an appearance at ANC appeal in MK trademark case
Image: SANDILE NDLOVU
Former president Jacob Zuma has appeared in public for the first time since his expulsion from the ANC.
Zuma turned up at the Durban high court on Thursday in support of his MK Party in its legal battle against the ANC.
Image: SANDILE NDLOVU
The ANC is appealing a ruling by the high court dismissing its application to bar the MK Party using what it says is its name and trademark.
The ANC on Thursday vowed to take its bid to the Supreme Court of Appeal, saying it is confident there are reasonable prospects of success.
Previously the court ruled the ANC had not made a case for the relief it sought, finding its application was not urgent and it should have approached the Electoral Court, not the high court.
In the application considered by the high court, the party relied on the Trademarks Act to show Zuma's party was misrepresenting itself as being connected or associated with the ANC by using the ANC’s well-known logo and name uMkhonto we Sizwe.
Image: SANDILE NDLOVU
WATCH | ANC vs MK trademark appeal case at Durban high court
Acting ANC spokesperson Zuko Godlimpi said the ANC is determined to petition for a court order that stops Zuma’s party referring to itself as the MK Party and any further “unlawful use of the ANC’s trademarks, symbols and heritage”.
“The grounds upon which the ANC contends the court erred in reaching the conclusions which it sets out include section 34(1)(c) of the Trademarks Act, where the court, in its judgment, found the mark used by the MK Party was similar to that registered in the name of the ANC. This is all that section 34(1)(c) requires on this issue.”
The ANC said the section also 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 court’s further finding that it lacks jurisdiction to determine the passing off and trademark infringement cases is novel in the sense that no high court has ever found its jurisdiction to determine a trademark infringement suit or passing off claim has been ousted by statute,” said Godlimpi.
The party alleged Zuma and his “collaborators” are committing a gross violation of the Trademarks Act by registered a political party appropriating the MK logo and related symbols unlawfully.
TimesLIVE
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