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 ANCs disbanded military wing.
Chetty had initially dismissed the ANCs 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, Chettys judgment read.
