Today, the High Court in Durban delivered a pivotal judgment in the trademark dispute between the African National Congress (ANC) and the uMkhonto weSizwe (MK) Party.
The ANC had accused the MK Party of violating the Trademarks Act by adopting a name and logo reminiscent of the ANC’s disbanded MK military wing.
At the core of the ANC’s argument was the assertion that the MK Party’s use of the name and logo could cause confusion among voters in the upcoming May polls.
They argued that this constituted a misrepresentation of association, invoking the common law principle of passing off.
However, the court dismissed the ANC’s application, highlighting that the matter should be handled by the Electoral Court, as per Section 16(2) of the Electoral Commission Act.
Advocate Dali Mpofu, representing the MK Party, emphasized this point during proceedings.
The judgment’s outcome not only affects the legal standing of the MK Party’s name and logo but also provides clarity on the jurisdictional boundaries of trademark disputes in electoral contexts.
This decision marks a significant development in the ongoing legal saga between the ANC and the MK Party. Stay tuned for further updates.