The Congress of the People ( Cope), a newly-formed party in South Africa, has refused to back down on an claim of the ruling African National Congress (ANC) to its name, lawyers for the about-to-be-formed party said on Friday.
This came after Cope missed the noon deadline to return any branded items for destruction as the ANC attempts to protect what it considers its legacy.
"We received a refusal today, about 10 minutes ago," said the ANC's attorney Chris Job, chairman of patent specialists Adams and Adams.
In response, the ANC plans to launch a second round of litigation next week, after the Pretoria High Court indefinitely postponed the ANC's challenge to Cope's first choice of name, the SA National Convention or Congress.
The ANC argues that Cope's name is rooted in the 1955 event which led to the adoption of the Freedom Charter, that the party is known as "khongolose" in Nguni, and that their name -- the third choice so far after SA Democratic Congress was found to belong to another party -- may confuse voters.
Cope's lawyers denied this in a letter to the ANC and said the proposed court action is premature because there are other steps to follow.
They said the party should wait for the outcome of its complaint to the Independent Electoral Commission last week. The ANC could also oppose Cope's proposed registration of its trademark once the application has been advertised in the Patent Journal.
It could further object to the Registrar of Companies as provided for in the Companies Act, as its name has been registered as a Section 21 company.
(Xinhua News Agency November 21, 2008)
