THE factions in the Congress of the People will wage another court battle - this time over the party's brand and trademark.

Cope was registered with Cipro as a trademark in 2008 by a group of members of its youth movement, who are now aligned to the Mbhazima Shilowa faction.

Last week members of both factions attacked each other during Cope's second aborted elective congress in Pretoria.

Police were called in to restore calm since even Shilowa and Lekota reportedly threatened to beat each other up. Lekota supporters left the venue, while Shilowa's held an "election" under a tree, electing him the new president.

"As lawful custodians of the Cope trademark and name, we will move with speed to protect our brand and restrain anyone who unlawfully uses our name," Shilowa said yesterday.

His spokesperson, Sipho Ngwema, said the election was lawful because Lekota had not called off the congress, but only asked his supporters to leave.

But the Lekota faction, which controls the party's congress national committee, says it is still in charge.

Lekota's spokesperson, Phillip Dexter, said there was no proper election.

Dexter said members of the Shilowa faction who beat up Cope MP Thozamile Botha would be charged and possibly expelled.

Dexter added that the Shilowa faction had no legal standing to describe themselves as Cope's new leaders because they had automatically split away from Cope when they held their own election.

Ngwema denied this.

"Legally, the people that own the Cope brand remained at the venue. We registered Cope as a brand name with Cipro under the names of youth movement members, not prominent people. Dexter knows that," he said.

But Dexter said the Shilowa faction would not succeed because they had no mandate from the party to register Cope as a trademark.