The ANC will return to the Supreme Court of Appeal (SCA) for the hearing of its trademark case against uMkhonto weSizwe (MK) Party.
The party wants the court to halt the MK Party from using the name and logo of its former armed wing.
“This case is not about technicalities. It is about safeguarding a heritage built through sacrifice, discipline and unwavering commitment to the struggle for freedom,” the ANC said in a statement on Friday.
NAME, LOGO SIMILARITIES ‘CREATE CONFUSION’
The party argues that the similarities between the ANC’s armed wing logo and that of the MK Party create confusion and “exploit the goodwill built through decades of struggle.”
The KwaZulu-Natal High Court previously dismissed the ANC’s application with costs to stop the MK Party from using the logo and trademark resembling a spear and shield.
The same court later granted the ANC leave to appeal, with Judge Mahendra Chetty finding that there were reasonable prospects of success.
“With these principles in mind, and having heard argument from counsel, I am satisfied that the appeal would have reasonable prospect of success as another court could differ from the view that I have reached, including those relating to jurisdiction… The matter will have implications for the parties concerned and their members at a national level. I am therefore of the view that leave to appeal should be granted to the Supreme Court of Appeal,” he said.
The had party relied on section 34(1)(a) and (c) of the Trade Marks Act, 194 of 1993 (“the Act”), to show that the Zuma-led Party is misrepresenting itself as being connected or associated with the ANC by using the ruling party’s well known logo and its well known name uMkhonto weSizwe.
The ANC said it remains confident in the merits of its appeal ahead of the hearing.
“In the SCA, the ANC’s submissions addressed the well-established reputation of the MK name and insignia, the unlawful appropriation of the mark, and the prejudice caused when a symbol of our liberation struggle is used without authorisation,” the party said.
