IndianSpice

SABC Issues Legal Notice To IndianSpice

A picture taken on October 20, 2010 shows the logo of SABC (South African Broadcasting Corporation) at its headquarters in Johannesburg. South Africa's crisis-hit public broadcaster posted a modest profit in the first six months of the 2010 financial year after a financial meltdown forced a government bail-out the previous year. AFP PHOTO / STEPHANE DE SAKUTIN

IndianSpice hosted a live broadcast Thursday evening to discuss the sex scandal that ejaculated at the Indian lifestyle radio station, Lotus FM.

The broadcast was hosted by the Editor-In-Chief discussing the matter of the leaked video and the steps we have taken to investigate the story. Minutes into the broadcast we received a ‘cease and desist’ instruction from the SABC.

The letter goes to state that IndianSpice has used the trademark of the station without authority and aim to bring them into disrepute.

Have a read of the official letter we received here below:

Naufal Khan, IndianSpice.co.za
Cell: 082 8374104
Email:  naufal@indianspice.co.za

RE: UNAUTHORISED USE OF THE SABC’S LOTUS FM TRADEMARK AND BRINGING THE SABC NAME INTO DISREPUTE.

We refer to the above matter.

It has come to the SABC’s attention that Indian Spice intends broadcasting what is termed “the Lotus FM sex scandal” today at 20:00. In advertising the said broadcast, Indian Spice has created a poster which contains the SABC’s Lotus FM trademark.

The SABC is the proprietor, in South Africa, of various Lotus FM trade mark registrations in various classes, including, without limitation, classes; 35, 38 and 41. The above trade mark registrations entitle the SABC to rely on its statutory rights to prevent any use, by any party, of its Lotus FM trademarks or any confusingly similar mark in the course of trade and in relation to goods and services for which they are registered, or any similar goods or services if the use by the other party is likely to cause members of the public to believe that there is a connection between the SABC’s business activities and those of the other party.

Indian Spice has used the Lotus FM trademark without the authority of the SABC and further to that, it has used it in a manner that brings disrepute to the good name of the SABC. This is both an infringement of the SABC’s trademark and an infringement on the SABC’s right to a good name.

The SABC, in light of the above, calls upon you to immediately:

  1. cease and desist from any further unauthorized use of any of the SABC’s Intellectual Property, in whatever form; and
  2. cease and desist from any further act that will bring the SABC into disrepute.

Should Indian Spice fail to do adhere to the SABC’s demands detailed above, the SABC will reserve its right to take further legal steps and hold the publication and its Editor-In-Chief personally liable, without further notification.

Sex Scandal: The Private Parts Of SABC’s Lotus FM