The use of the name MADIBA and the image of the late South African State President Nelson Mandela for commercial purposes are a violation of South African trademark laws.
This is according to a letter Edward Nathan Sonnenberg Attorneys sent to Boxing South Africa (BSA) regarding Xaba Boxing Promotions’ use of the name MADIBA and Mandela’s image without permission from the Nelson Mandela Foundation (NMF) whom the laywers represent.
And the letter revealed that XBP boss Ayanda Matiti was once ordered to stop using the registered trademarks. However, he has continued to use the trademarks as is the case with his tournament scheduled for Vodaworld in Midrand on Saturday.
“Our client has already addressed previous infringements of its intellectual property rights with managing director of Xaba Boxing Promotions, Mr Ayanda Matiti, in the past,” the letter said.
In the letter, ENS made it clear that NMF has no association or partnership with XBP regarding the use of the name Madiba and image or images of Mandela.
“It is clear that Xaba Boxing Promotions has a propensity to use our client’s trademarks without having been authorised to do so, in order to name and promote their boxing events,” the letter said.
“The outlined unauthorised use of the trademark MADIBA and the image of Mandela is undoubtedly likely to cause deception and/or confusion in the market place, misleading members of the public into believing that there is a connection, affiliation or association between Xaba Boxing Promotions and their event and NMF or that the NMF has endorsed or partnered with Xaba Boxing Promotions and their events, which is not true.”
The letter added: “By using the trademark MADIBA and Mandela’s image without our client’s authorisation, Xaba Boxing Promotions and their events are unduly benefitting from Mr Mandela’s iconic reputation and that of the NMF as custodian of Mr Mandela’s legacy and lawful proprietor of the outlined trademarks for their own personal gain and advantage.
“It must be borne in mind that it was Mr Mandela’s express wish that his name and image not be commercialised after his passing. The NMF, as the custodian of Mr Mandela’s legacy, it cannot allow unauthorised and unfettered use of the MANDELA trademarks by third parties, no matter how laudable their intention may be.”
