S&V Weekly Newsletter Vol.8 No.43, October 24 2022

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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.
 

They Said It

"Just an update regarding myself and my small custom made footwear workshop...I moved from Durban to Kimberley during Covid. After 7 months I relocated to Pretoria and 18 months later sold it.  I decided enough is enough and call it a day, but still too young to sit and do nothing. I joined  Gaylin estates in Northcliff Jhb selling properties and loving it. I'm now officially no more involved with any footwear business." - Gerrie du Toit, who spent most of his career with EVA Industries. 

Got anything you'd like to share?

Do you have any suggestions, comments or experiences about the industry that you'd like to share with the industry? - tony@svmag.co.za

24/10/1956: John Bouwer, Headmasters, Pietermaritzburg, KZN, SA.
24/10/????: Prenisha Dukhipersad, SAFLEC, Durban, KZN, SA.
24/10/1995: Sifisosethu Khumalo, Truworths, Cape Town, W. Cape, SA.
25/10/1969: Leon Buhr, Equator Accessories, Pinetown, KZN, SA.
25/10/1966: Michael Schiller, Nakara Leather Tanning & Processing, Windhoek, Namibia.
25/10/1972: Venothan Munsami, Little Slipper Co, Port Elizabeth, E. Cape, SA.
25/10/19??: Chrystal Erasmus, Imaani, Cape Town, W. Cape, SA.
26/10/1941: Rob Morris, retired, formerly BU Technical [closed], Cape Town, W. Cape, SA.
26/10/1959: Hennie van Zyl, Ostriland, Citrusdal, W. Cape, SA.
26/10/1962: MH Klopper, Bethlehem Hides & Skin, Bethlehem, Free State, SA.
26/10/1971: Ayoob Seedat, Shoe Tech, Springs, Gauteng, SA.
27/10/1949: Rolf Stumpfe, Lederwerkstatt, George, W. Cape, SA.
27/10/1950: Beverly Phillips, retired, formerly Bata SA / Futura Footwear, Pinetown, KZN, SA.
27/10/1965: Selvan Naicker, Ethekwini Leather, Durban, KZN, SA.
28/10/1970: Sannet Gerber, Zoom In Shoe Boutique, Jeffry’s Bay, E. Cape, SA.
30/10/1939: Peter Boudewijns, retired, formerly Badger Footwear [closed], Port Elizabeth, E. Cape, SA.
30/10/1985: Léan Boezaart, Freedom of Movement, Pretoria, Gauteng, SA.

24/10/1999: Norma Varley, Edcon, Durban, KZN, SA.
24/10/1995: Wally Zwart, Dick Whittington, Pietermaritzburg, KZN, SA.
25/10/2000: CIR 'Rex' Van Coller, (b. 12/04/1925), agent, Durban, KZN, SA.
25/10/2005: Braam Keyser (b. 05/09/1957), Feltex Automotive Leathers [closed], Ladysmith, KZN, SA.
26/10/2015: Richard Reddiar (b. 29/03/1943), Premier Safety Footwear, Johannesburg, Gauteng, SA.
27/10/1994: Brian Vincer (Futura), Pinetown, KZN, SA.
29/10/2021: Nigel Plumpton (b. 29/04/1949), CNB Industries [closed], NP Enterprises [closed], Ribtech, Pietermaritzburg, KZN, SA.
30/10/2001: David Cairns (BASF SA).

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Calvert Rashied, Little Slipper, Port Elizabeth, E. Cape, SA.
Terrence, Chargeos Leatherware, Durban, KZN, SA.

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Note: For previous rates, see HERE

ABSA Agri Trends: Hides & skins prices

Johannesburg, Gauteng, SA (20 October 2022) - The current average hide price remained unchanged at  R4.61/kg from a week ago. The current price is 0.7% lower than the average price a month ago and 18.9% lower than the average price a year ago.  The range of prices reported was as follows: Minimum price: R4.00 Maximum price: R5.00. Please note: Our methodology weighs the prices we collect according to the number of hides they sell in a month. This is done to make it more representative of the prevailing market price. NB* Hide prices are determined by the average of the RMAA (Red Meat Abattoir Association) and independent companies. - Marlene Louw, senior agricultural economist, and Nkhensani Mashimbyi, agricultural economist, Absa group.

Note: For previous prices, see HERE

Classified Adverts

Sewing Machine Mechanic/Technician seeks position

PREMCHAND HARIPERSAD. I have 34 years combined experience as a machinist/mechanic. Currently a qualified sewing machine mechanic. My qualification was obtained at ‘London City of Guilds institute’. During my tenure in the industry I have serviced and fixed high quality machinery that production depended on. Passion and skill for the industry assisted me in obtaining world class experience which I thoroughly enjoy not just as a job but more as my hobby. This allows me to exceed expectations of technical demands and standards ensuring maximum production at all times. Based in Durban CV available +27 78 151 7752 +27 67 047 3952 haripersadpremchand@gmail.com

Contact us

News & Classifieds: Tony Dickson, +27 (0)31 209 7505, tony@svmag.co.za

Next newsletter: October 31, 2022.

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