Part 2: African National Congress v MK Party - Trademark Appeal before the Supreme Court of Appeal

By Ivan Ka-Mbonane and Himesh Bhana

Today the Supreme Court of Appeal in Bloemfontein will hear the ANC's appeal against the High Court's dismissal of its application on 22 April 2024.

As previously noted, the case concerns alleged trademark infringement the Trade Marks Act, 194 of 1993, and passing off, targeting the MK Party's use of a mark similar to the ANC's registered uMkhonto weSizwe "warrior logo" and the name "uMkhonto weSizwe."

The ANC maintains the marks' well-known status from 60 years of ANC association, including visual and conceptual similarities, and argues against the MK Party’s unauthorised use in political services, and the risk of confusion or dilution.

The MK Party challenges jurisdiction based on pleadings under the Electoral Commission Act, arguing the dispute's merits fall exclusively there, with claims of distinguishable marks and inapplicability to political rights.

The SCA will address the intersection of IP protections and electoral law, well-known mark criteria, and passing off in non-commercial contexts.

Post-hearing updates to follow.