/ 14 September 2005

Rugby union wages yet another battle

The South African Rugby Union (Saru) is battling the publishers of the rugby magazine SA Rugby over the rights to use the name, the Daily Dispatch reported on Wednesday.

It said the trademark row is among issues to be referred to an investigation, called for by Minister of Sport and Recreation Makhenkesi Stofile, into the affairs of the sport.

Concerns over the trademark, which was registered with the registrar of trademarks in Pretoria in 1999, were voiced during an August 15 meeting at Saru’s boardroom in Cape Town.

Under a 2003 agreement, Highbury Monarch, a British-based publishing company, obtained the rights to print all Saru’s magazines, including SA Rugby.

The relationship with Highbury Monarch has since soured after a dispute over payment to the rugby union for the rights to publish the magazine.

The question of Saru’s registered brand name was also raised at the meeting, which was attended by trademark-law specialists Stuart Gardiner and Donvay Wegierski.

Also present were Saru officials — including MD Johan Prinsloo and consultant Tony McKeever — who had been tasked to watch Saru’s sponsorship and marketing deals.

Minutes of the meeting show that the union felt that SA Rugby magazine ”was passing itself off as an SA Rugby publication”.

Gardiner confirmed on Tuesday that he is in discussions on behalf of Saru with Highbury Monarch about the trademark issue.

The issue of the SA Rugby brand name has resurfaced after a recent business deal in which Safika Investments, headed by businessmen Moss Ngoasheng and Saki Macozoma, obtained a 30% share in Highbury Monarch.

Others involved in the deal are Highbury’s management, headed by MD Kevin Ferguson, Tony Walker, sports columnist Mark Keohane and RMB Corvest.

It is unclear whether Safika and RMB Corvest are aware of the dispute over the trademark.

Ferguson, who admitted that his company had lodged an unsuccessful application to register SA Rugby in 2000, said he is aware the name belongs to Saru.

Asked whether the others in the joint venture know that, Ferguson said: ”If you want comment, you need to speak to the lawyers.”

RMB Corvest’s Neil Page said: ”I would be very upset if we don’t get what we paid for.”

Safika chief financial officer Mark Ber, Macozoma and Ngoasheng were not available for comment. — Sapa