CANSA is Seeking Court Order for Trademark Infringements by Sunscreen Manufacturer
The Cancer Association of South Africa (CANSA) announces that the products of Kool-a-Chem and any of its official associated brands do not carry the CANSA Smart Choice Seal of Recognition endorsement of CANSA, following a trademark infringement.
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Elize Joubert, CANSA CEO, says, “It came to our attention that Kool-a-Chem infringed CANSA’s trademark. Following mediation and liaison with Kool-a-Chem, CANSA actively pursued legal options to address these violations.”
In November 2023, following random independent laboratory tests instituted by CANSA, CANSA withdrew its Smart Choice Seal of Recognition from the Kool-a-Chem range of sunscreens because it refused to comply with the license agreement. Initially, Kool-a-Chem resisted and failed to remove the Seal of Recognition logo from their products. CANSA issued warnings and monitored the situation until Kool-a-Chem complied.
Earlier this year, CANSA became aware that Kool-a-Chem had unlawfully sub-licensed its Seal of Recognition status to a third party by providing an invalid CANSA Smart Choice Seal of Recognition certificate.
“We were deeply concerned about the unauthorised use of our trademark by Kool-a-Chem. To be an accredited Seal partner, a manufacturer’s sunscreen products must be assessed and approved by CANSA. We’re committed to protecting the integrity of our brand and to ensuring that the public can trust the products that carry our Seal,” added Joubert.
CANSA’s legal team advised that the unauthorised use of the CANSA trademark by Kool-a-Chem and associated brands, constituted a violation of Section 34(1)(a) of the Trademarks Act 194 of 1993. This section determines that trademark infringement occurs when there is unauthorised use of a trademark during trade, in relation to the goods or services for which the trademark is registered.
“We cannot afford to have people undermine the trust in our brand. We don’t tolerate unethical behaviour and therefore took the necessary legal steps to address these infringements,” concludes Joubert.
The parties reached a full and final settlement of the dispute wherein Kool-a-Chem has been ordered to refrain from using the CANSA trademarks on any of its products, advertisements, promotional material, or digital material. Most importantly, Kool-a-Chem must refrain from authorising or allowing any third party to use the CANSA trademarks. CANSA will approach the Gauteng High Court for this settlement agreement to be made an order of court.
As part of its responsibility to the public and to maintain consumer trust, CANSA ensures that all products are only granted the CANSA Seal of Recognition, only once all requirements are met. This includes testing at an independent laboratory, which complies with the National Standards (SANS) or similar International Standards (ISO), as well as the adherence to stringent evidence-based requirements for each category as set out by CANSA.
All sunscreens bearing the CANSA Smart Choice Seal of Recognition must be free of all recognised toxins, hormones, and endocrine-disrupting agents. Sunscreen must have a broad spectrum (UVA and UVB), have a sun protection factor of at least 20, meet all government regulatory requirements, and be dermatologically evaluated for product irritancy.
A list of all CANSA approved sunscreens can be found here
(For more information, please contact Lucy Balona, Head: Marketing and Communication at CANSA at email lbalona@cansa.org.za. Call 011 616 7662 or mobile 082 459 5230.)
