Afro-soul food has its day in court
In this case, from the High Court, Kwazulu-Natal, South Africa, Golden Fried Chicken wanted to restrain Oh My Soul Café from using certain of its trademarks. What complicated matters is that while Golden Fried Chicken trades in cooked meat, Oh My Soul deals in vegan food and has no meat on the premises. Golden Fried Chicken told the court its image was of African cool, pride in an Afrocentric heritage and the Afro hairstyles, dark glasses, “extreme fashion in clothing and cars” and the “soul” of the 1960s – thus its objection to the name of Oh My Soul Café.
Judge Dhaya Pillay commented, “Vegans would be anxious if not repulsed by the mere possibility of contamination. Their revulsion would not stop there. Ideologically opposed to killing animals, vegans would consciously avoid patronizing (Golden Fried Chicken). Veganism is not known for the ostentation associated with “African cool”, “ever larger ‘Afro’ hairdos, prominent jewelry, dark glasses, extreme fashions in clothing and cars.”
And if the “Soul” brand tried to communicate to customers “a pride in an Afrocentric heritage typified by success against adversity”, she said, then “success against adversity” also means “allowing small businesses to survive onslaughts by large, economically powerful corporates like (Golden Fried Chicken).”
And if the “Soul” brand tried to communicate to customers “a pride in an Afrocentric heritage typified by success against adversity”, she said, then “success against adversity” also means “allowing small businesses to survive onslaughts by large, economically powerful corporates like (Golden Fried Chicken).”
Read judgment
