Billionaire businessman and Confederation of African Football President Dr Patrice Motsepe’s African Rainbow Minerals (ARM) is fighting companies that attempt to use his firm’s name to trade.

Motsepe’s company ARM hauled African Rainbow Healthcare, African Rainbow Laboratories, and ARM Global to the Companies Tribunal, which is an agency of the Department of Trade, Industry and Competition established in terms of the Companies Act.

Motsepe’s company accused ARM Global of failing to satisfy the requirements of the Companies Act as its name is confusingly similar to ARM’s registered, well-known trademark and without exemption under the listed grounds contained in the Act and that it falsely implies or suggests, or would reasonably mislead a person to believe incorrectly, that it is part of or associated with the ARM family.

The tribunal heard that ARM’s predecessor, African Rainbow Minerals Gold Ltd, was simply known as “ARM GOLD” and has a history of mining in South Africa dating back to 1933, it listed on the JSE in 1997 and was known as “ARM GOLD” and currently operates mines in the Northern Cape, Limpopo, Mpumalanga, KwaZulu-Natal, and Malaysia.

Its workforce consists of thousands of employees and contractors, and its business model centres on forging mutually beneficial partnerships with major players and investors in the resources sector.

“Founded in its current form by Dr Patrice Motsepe, who serves as its executive chairman, the company operates extensively both within South Africa and internationally. Its operations are regularly profiled in local and international media, where it is commonly and recognisably referred to as ‘African Rainbow’ or ‘ARM’,” the tribunal explained.

The tribunal stated that through decades of continuous, substantial, and widespread use in commerce, Motsepe’s ARM has built significant goodwill and an exclusive reputation in its trademarks.

“They are now distinctive of the applicant’s (ARM’s) goods and services, and are closely associated with its business in the public mind. Consequently, the AFRICAN RAINBOW and AFRICAN RAINBOW MINERALS marks qualify for robust protection as well-known trademarks under statute and are also safeguarded against passing off under common law,” the tribunal ruled earlier this month.

It added: “The continued registration of the offending name causes ongoing prejudice. It deceives the public by falsely implying an association with the applicant and unfairly damages the exclusive and distinctive character of the applicant’s well-known AFRICAN RAINBOW trademark.”

The tribunal also ruled that the visual, phonetic, and conceptual similarities between the names name may mislead or confuse others into believing that there is some authorised connection and/or association in the course of trade between the products and/or services offered.

loyiso.sidimba@inl.co.za

Source link