The Durban High Court on Monday made a significant ruling in the trademark case between the African National Congress (ANC) and the MK Party. The ANC had taken the new political party, led by former President Jacob Zuma, to court, alleging that they had violated trademark laws by adopting the name and logo of the ANC’s disbanded military wing, Umkhonto weSizwe.
In the court proceedings, the ANC argued that the MK Party’s name and logo were too similar to those used by Umkhonto weSizwe, thereby infringing on their trademark rights.
However, Acting Judge Nicolette Beket dismissed the ANC’s application, stating that there were sufficient differences between the two logos, particularly in the positioning of the spear, to distinguish them.
This legal victory for the MK Party comes shortly after the Electoral Court also dismissed the ANC’s application to de-register the party ahead of the upcoming elections. The ANC’s attempts to hinder the MK Party’s participation in the electoral process have thus far proven unsuccessful.
Since December, when former President Jacob Zuma publicly declared his support for the MK Party, it has gained significant attention and momentum. Zuma has become the prominent face of the party, further fueling its popularity.
The Durban High Court’s ruling not only upholds the MK Party’s right to use their chosen name and logo but also signifies a setback for the ANC in their attempts to suppress their political rivals. This case highlights the importance of trademark protection and the complexities involved in legal battles surrounding intellectual property rights in the political arena.
