Contestation between the African National Congress and the uMkhonto weSizwe Party continues, with the ANC claiming that MK has violated its intellectual property rights.
In a statement, the ANC said that it would be turning to the KwaZulu-Natal High Court of South Africa (KwaZuIu Natal Region) to seek leave to appeal a judgment from April. In the latter, Judge Mahendra Chetty had declined to halt the use of brands typically associated with the ANC (in this instance, uMkhonto weSizwe) by the party headed by Zuma.
The ANC remains committed to stopping MK using such material, as it views them as intrinsic to its own heritage.
The ANC statement pointed to the Trade Marks Act of 1993:
“In section 34(I)(c) of the Trade Marks Act, 194 of 1993, the court, in its judgment, found that 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 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 maintains that MK is unlawfully using intellectual property that does not belong to it.
For Zuma, the use of the MK name and logo is meant to invoke a connection to a “pure”, uncompromising liberation movement. He has indicated that the task of his organization is to reclaim the ANC from those who have betrayed its true nature.
[Image: Pete Linforth from Pixabay]