SANEF objects to FIFA trademark request
The SA National Editors' Forum (SANEF) yesterday, Thursday, 2 August 2007, objected to FIFA's application to the Department of Trade and Industry under the Merchandise Marks Act 1941 – Section 15 1(b) – for a blanket prohibition on the use of language which describes the 2010 FIFA World Cup in various ways and the emblems or logos relating to the games, calling for a blanket exemption for all the media from such a prohibition.
In a statement issued to the press yesterday, Thursday, 2 August 2007, SANEF said such a prohibition on the media would be an unwarranted interference with the Constitutional freedom of the media to report on news related to South Africa's hosting of the games and the public's right to know.
SANEF said that it recognises the right of FIFA to protect its commercial interests in protecting its trademarks, etc, but adds that apart from the prohibition constituting an unwarranted interference in the news media carrying out its duty to conduct legitimate journalistic activities, in certain circumstances the prohibition on the use of certain words would prevent the media from effectively reporting on and describing the games.
SANEF also pointed out that “without the media's reportage, discussion and featuring of football in general and the activities of FIFA, the South African Government and other bodies concerned in the promotion and conduct of the games and the teams and individuals, in particular, the considerable public interest in the games would be seriously lacking and the commercial value of the trade marks considerably reduced.
“In other words the media claims that it has provided, and continues to provide, a major boost to the commercial value FIFA derives from its trademarks and therefore no attempt should be made to penalise it,” concluded the statement.
