Faizel Patel, Radio Islam News – 27-03-2017
The United Ulama Council of South Africa (UUCSA) says the only reason it went to court in the UUCSA trademark battle is because the Ulama body was threatened with legal action by Ml. AS Desai of The Majlis.
The High Court in Pretoria on Friday ruled that Ml Desai had no legitimate or lawful claim to the trademark “United Ulama Council of South Africa” when it caused such a logo to be registered in bad faith.
In a statement, Ml. Desai has indicated that he intends to appeal the high court judgment saying the judge erred in his ruling.
Secretary general of UUCSA Ml. Yusuf Patel says while they have been using the “UUCSA” name and trademark since 1989, Ml. Desai registered the name and logo in 2013 with the full knowledge that it was being used by another organization which it threatened with legal action.
Ml Patel says the High Court ruled that Ml. Desai had no bona fide claim to the UUCSA name despite what was declared in court documents.
“They could not prove prior use of the name “UUCSA from 1989 until 2013. So the first thing that the judge ruled on is to explicitly state that the 2013 UUCSA registered by Ml. Desai had no legal claim to the ownership of the name “United Ulama Council”.
Ml. Patel says it was Ml. Desai who initiated legal action against UUCSA.
“Ml. Desai used an instrument of law to unlawfully to stifle UUCSA. He used the trademark to challenge the existence of UUCSA and we had no option but to go to the courts of law.”
Ml. Patel has reiterated that the trademark battle has nothing to do with the Shariah and is purely a legal issue
The court also ruled that the Registrar of Trade Marks must remove the fake trademark from the Trade Marks Register with immediate effect and also ordered Ml Desai to pay UUCSA’s court costs.
Radio Islam issued an invite to Ml. AS Desai to be part of the onair discussion with Ml. Yusuf Patel this morning but received no response.
Listen to the interview with Ml. Yusuf Patel here:
To read the the full statement from Ml. AS Desai, Click on the link below.
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