Polo USPA vs Polo LA Group...the dispute goes on

Johannesburg, Gauteng, SA - Both sides are claiming victory in the latest court judgement in the long running battle for sole rights to the Polo brand in SA.
        The US Polo Association, based in West Palm Beach, Florida, USA, licenses its logo globally, and Stable Brands is its SA distributor.
        LA Brand Holdings, part of the LA Group, has its own Polo brand, Polo South Africa.
        Both have similar logos: The USPA logo features 2 riders over the wording 'U.S. Polo Assn. Since 1890'. LA Brand Holdings' logo features 1 rider over the wording 'Polo Since 1976'.
        They offer the same types of products to the same types of retailer.
        In the most recent judgement, earlier this month, the Supreme Court of Appeal (SCA) ruled largely in favour of LA Group. Referring to that, and to a separate and earlier case before the Constitutional Court, LA Group sent a circular to customers, signed by Mark Oliver, Polo South Africa.
        "We are delighted that our POLO trademarks, which have been in the marketplace since 1976, have been recognised by the Supreme Court of Appeal. The Constitutional Court dismissed USPA's challenge to our trademarks.
        "We are extremely grateful that the Supreme Court of Appeal recognised the considerable value and goodwill inherent in our brand of over 45 years...We remain humbled by the success and thank all our loyal customers and our partners for their support, and we will continue to ensure delivery of quality, iconic POLO products on a sustainable basis."
        On 17 October, USPA issued a response: "It has come to the attention of the United States Polo Association and its subsidiaries that South Africa-based LA Group has circulated statements to the retail industry regarding the nature and effect of the South Africa Supreme Court of Appeal's judgment in the continued dispute between the United States Polo Association and Stable Brands, on the one hand, and LA Group, on the other, in respect of the use of USPA's trademarks. Stable Brands is USPA’s South Africa distributor of the sport-inspired lifestyle brand U.S. Polo Assn. in South Africa.
        "We wish to correct some of the misrepresentations made in that circular.
        "Firstly, whilst the Supreme Court of Appeal (SCA) did, in large part, uphold LA Group's appeal, it was not entirely successful in that appeal and several of LA Group’s trade marks were cancelled or partially cancelled.
  Secondly, despite what is claimed by LA Group, the Constitutional Court did not discuss the merits of LA Group's claims to its trade marks at all and simply dismissed Stable Brands' application for leave to appeal on the basis that the Constitutional Court did not have jurisdiction to hear the appeal.
        "Thirdly, USPA was not a party to those legal proceedings and no challenge by USPA to LA Group’s trademarks has been dismissed. In those proceedings, the challenges to LA Group’s trade marks were by Stable Brands. That application was partially dismissed. USPA has, in terms of a separate application, applied to cancel several of LA Group’s trademarks. That separate application is yet to be determined by the courts, but will likely be heard by the High Court in the next year."
 
  The only things about this dispute that do seem clear are that:
  - Fighting this through 2 separate divisions of the legal system must make a lot of money for the lawyers.
  - The Polo brands - both of them - must make a lot of money to make all this worthwhile.