ANC granted leave to appeal in MK Party copyright infringement case

The Durban high court has granted the ANC leave to appeal against a high court order dismissing its trademark infringement case against the MK Party.

Justice Mahendra Chetty on Thursday delivered the judgment granting the ANC a pathway to continue its bid to ban the MK Party from using the same name as and a logo the party claims bears resemblance to that of the ANC’s disbanded military wing. 

Chetty had initially dismissed the ANC’s case on the basis that the party did not contest the matter at the inception of the registration of the MK Party.

“I am satisfied that the appeal would have reasonable prospect of success, as another court could differ from the view that I have reached including those relating to jurisdiction. 

“Leave to appeal against the whole of the order of the judgment of this court is granted to the Supreme Court of Appeal,” Chetty’s judgment read.

Last week, the ANC argued during an application for leave to appeal against the court’s April ruling that the party had a reasonable prospect of a different outcome on appeal and believed it deserved an order barring Jacob Zuma’s MK Party from using its registered name and logo.

Judge Chetty agreed. 

“The matter will have implications for the parties concerned and their members at a national level. I am therefore of the view that leave to appeal should be granted to the Supreme Court of Appeal,” Chetty ruled.

Chetty said the costs of the application for leave to appeal “shall be the costs in the appeal”.

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