SAA is unhappy about kulula.com’s latest controversial advertising campaign and plans to take legal action to defend its brand.
SAA Spokesperson, Tlali Tlali, told Tourism Update: “SAA has meticulously built its instantly recognisable brand over a period of 79 years, and although imitation is the best form of flattery, SAA views the unauthorised use of our registered trademarks, copyrights and intellectual property in a very serious light. To this end we have engaged with our attorneys to act upon protecting these on our behalf.”
Kulula recently unveiled a new livery for its fleet of Boeing 737-800s. It boasts a South African flag on the tail of the aircraft and a large inscription ‘The Most SOUTH AFRICAN AIRWAYS’ on the aircraft’s body. A few days after announcing its controversial livery, the airline stated it would review its branding as “some people” were unhappy with the proposed design. The airline announced in a quirky press conference that it would immediately review the slogan to ‘A Very Very SOUTH AFRICAN AIRWAYS’. A kulula Spokesperson said: “It has come to our attention that some people are unhappy about the design of our new fleet. They say there is a similarity to another airline. Personally I don’t see it.”
SAA, however, has spotted the similarity. The Advertising Standards Authority confirmed it had received a complaint from SAA on kulula’s campaign. Leon Grobler, ASA’s Dispute Relations Manager, says, however, that ASA is not yet in a position to comment on the matter as the authority first needs to afford kulula an opportunity to state its case before making a decision. He says sanctions could range from a mere withdrawal to more severe action – including preclearance at a cost and publication of adverse publicity statements.
However, if SAA wants to save its brand reputation, legal action might not be the best course, says Christine Storey,MD Wrappa Branding and Design Solutions. She says the best way for SAA to react to kulula’s announcement is to think up a clever retort campaign. “If they tackle kulula head on, it would be seen in a poor light by consumers as kulula’s positioning is about being tongue in cheek.” She adds that in terms of managing an attack on a brand, this is where reputation management comes in. “A good PR swing would be a good tactic and tackle the advert in the spirit it is meant. This way you will win the hearts and minds of the consumers,” she says.
Even though the resemblance is unmistakable, SAA might struggle to take kulula to court on trademark grounds. Ilse du Plessis, Director of Edward Nathan Sonnenbergs’ IP department, says although it is very likely that the trademark SOUTH AFRICAN AIRWAYS is registered, this doesn’t mean that SAA can stop kulula using the slogan ‘The Most South African Airways’. According to Du Plessis, kulula will no doubt argue that it is using the term ‘The Most South African Airways’ in a descriptive or non-trademark manner, as part of a slogan and as a genuine description of the characteristics of its services.
If SAA is successful in its legal action, kulula could be interdicted from using SOUTH AFRICAN AIRWAYS in their livery and promotional materials, says Du Plessis.
