Fight for MK name, logo about ANC's heritage - Mbalula
ANC Secretary General Fikile Mbalula has defended the party's decision to appeal a decision by the Durban High Court on Monday.
Mbalula addressed the media, hours after the court ruled in favour of uMkhonto weSizwe Party, allowing it to continue using the name and logo of the ANC's disbanded military wing.
The ANC dragged former president Jacob Zuma's new party to court, accusing it of breaching trademark laws by adopting the uMkhonto weSizwe name and logo.
Mbalula said the ANC will seek to appeal the ruling to prevent it from what it believes to be unlawful use of the ANC's trademarks, symbols and heritage by Zuma's party.
"In the application considered by the Durban High Court we relied on section 34(1)(a) and (c) of the Trade Marks Act, 194 of 1993 ("the Act”), to show that the Zuma Party is misrepresenting itself as being connected or associated with the ANC – by using our well known logo and its well known name, uMkhonto weSizwe," Mbalula said.
"In appealing the judgment, the ANC will centre the question of whether the unauthorised use of one’s intellectual property is contingent on what and how the unauthorised party uses the property for.
"Furthermore, we believe that the goodwill associated with the uMkhonto weSizwe is that of the ANC. It is this goodwill that the Zuma Party is attempting to unduly appropriate unto itself," added Mbalula.
Mbalula said the ANC is not opposed to Zuma contesting the May 29 elections.
"The ANC reiterates that it is committed to respecting the laws of the country for a free and fair election in line with the electoral code.
"As an organisation that values all the different facets of democracy, we are not opposed to the Zuma Party’s presence on the ballot. However, in bringing this case the ANC is defending its intellectual property, the legacy of the liberation struggle for future generations.
"This democracy stands on the shoulders of men and women who joined uMkhonto weSizwe, The Spear of the Nation, at a time when being associated with the ANC was virtually a death sentence.
"The ANC was and is to this day the heart and soul of uMkhonto weSizwe. We strongly believe an appeal is duly warranted."
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