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FLYNOTES: INTELLECTUAL – Trade mark – Political parties – Alleged infringement of name uMkhonto weSizwe and logo – No confusion that will confront voter in voting booth when viewing symbols of ANC and MKP – Not established that marks resemble each other so closely that deception or confusion among voters is likely to arise – Failure of explanation for launching urgent application when election issues involved – ANC previously proceeded in Electoral Court and matter falls within sphere of electoral matters and political rights – ANC chose wrong forum to assert its rights – Application dismissed – Trade Marks Act 194 of 1993, ss 34(1)(a) and (c).
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