Judgment reserved in legal battle between ANC, MK over name & logo
The High Court in Durban reserved judgment on Thursday in the latest instalment of the legal battle between the ANC and the MK party over the use of the name and logo uMkhonto weSizwe.
In April, the court ruled that the ANC's argument about voter confusion does not hold.
The party then approached the Durban High Court with an application for leave to appeal, arguing that a different court might reach a different conclusion.
However, the MK party's legal representative, Advocate Dali Mpofu, argued that the ANC should accept the ruling, as the logos are not the same.
“They cannot, with a straight face, come before your lordship and say the use of the logo, the name, and all those things is unauthorised because it was authorised yesterday by the court of law,” Mpofu told the court.
“You are the one who scrambled the egg. You cannot now want to unscramble it.”
The ANC's legal representative, Gavin Marriott, countered by saying the use of the logo by the MK party in future elections would erode the goodwill that the ANC enjoys through the name uMkhonto weSizwe.
"There will be fundraising in conferences, all these issues will involve trademarking, the use of the mark MK will continue into the future, there will be future elections, and all of that is going to involve the use of the logo and the MK party name.”
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