Faizel Patel, Radio Islam News
An application for leave to appeal a court ruling in the United Ulama Council of South Africa (UUCSA) trademark battle by Moulana AS Desai of the Majlis in Port Elizabeth has been dismissed with costs.
Last month the High Court in Pretoria ruled in favour of UUCSA in its trademark expungement application brought against an organisation which Ml. AS Desai claims to have formed and to represent.
The court ruled that the fake UUCSA of Ml Desai had no legitimate or lawful claim to the trademark “United Ulama Council of South Africa” when it caused such trademark to be registered and that the trademark was registered male fides (in bad faith) as contemplated in the Trade Marks Act.
Ml AS Desai applied for leave to appeal the ruling but the presiding judge dismissed the application on Wednesday.
The judge ruled that there was no prospects of Ml AS Desai’s appeal succeeding and another court would’ve have come to the same conclusion.
UUCSA launched proceedings in 2014 to expunge the trademark registered on the basis, amongst others, that the fake UUCSA of Ml. Desai did not act in good faith when it registered the trademark and had no legal interest in the use of the trademark.
Last month the Secretary General of UUCSA Ml Yusuf Patel told Radio Islam the only reason it went to court in the trademark battle in the first place is because the ulama body was threatened with legal action by Ml. AS Desai.
In a statement UUCSA says the ‘double speak’ regarding the ‘kuffaar courts and kuffaar law’ by Ml AS Desai is not only glaring but also strikingly expedient.
“The disrepute that such predatory behavior brings to the ulama fraternity is incalculable. The harm it causes to the ummah is inestimable. It serves only to distract us from more the more important challenges we face both locally and globally.”
UUCSA says sanctimonious indignation; names calling and intimidation are certainly not in keeping with the Sunnah of Prophet Muhammad (pbuh).
Sources: radioislam
