The U.S. Polo Assn. brand, through its exclusive Licensee for South Africa, Stable Brands Ltd., on Monday announced another significant legal battle against rival fashion brand LA Group Ltd. in South Africa.
The High Court of South Africa, Gauteng Division, Pretoria ordered that over 40 registered trademarks in the name of LA Group be canceled and expunged from the trademark register in South Africa. LA Group filed a notice of application for leave to appeal the judgment and order on December 2, 2019. The application for leave to appeal was heard on February 20, 2020, and was dismissed in its entirety.
In the original comprehensive judgment issued on November 29, 2019, the judge found that the word “polo” is non-distinctive in a trademark sense. The court also held that, in some instances, LA Group failed to provide clear and compelling evidence of use or an intention to use certain of its trademarks in South Africa.
“The dismissal of LA Group’s application for leave to appeal reinforces the strength of the original Judgment and Order and aids the continued growth of the U.S. Polo Assn. brand in the region,” said J. Michael Prince, president and CEO of USPA Global Licensing (USPAGL). “We look forward to bringing new and exciting designs to the marketplace and to educating the South African people about the authentic connection between the U.S. Polo Assn. brand and the exciting sport of polo.”
Photo courtesy U.S. Polo Assn.
