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The African National Congress (ANC), through its lawyers, has sent a letter to Jabulani Sibongiseni Khumalo demanding that he desist from using the uMkhonto we Sizwe logo and trademark.
The ANC says it has used its trademark for decades prior to its registration and assignment and has therefore acquired a strong reputation in the market. In addition, the party says it has statutory rights in the trademark, which has acquired strong common law rights in the mark.
The ANC claims it holds in high regard the reputation of the uMkhonto we Sizwe logo, whilst the unauthorised use of the mark is likely to lead members of the public to believe that there is some connection between the registered party and the ANC when this is not the case.
It further says it became aware of various instances of confusion since the party was launched.
The unauthorised use of the mark therefore amounts to passing-off in terms of the common law and is unlawful.
The ANC wants Jabulani Khumalo to cease using the trademark of the MK by close of business on 29 December 2023, or the party will institute civil proceedings against him which will include a claim for royalty payment for the unlawful adaptation and unauthorised use of the uMkhonto we Sizwe trademark.
