Will the Rugby World Cup tackle 'Out of the Boks' ads?
Eskort’s recent advertising campaign for its ‘Springbox’ has been talked about almost as much as the Springboks’ 7-1 split on the bench against the All Blacks. The tongue-in-cheek reference to the national rugby team has the nation wondering whether Eskort will be shown a yellow card, or if its conduct is deserving of a straight red.
In August, Eskort, a manufacturer of processed pork products, placed a billboard outside OR Tambo International Airport stating ‘Go Springbox Love Eskort’. It was in the colours of the national sporting teams—green and gold—and emblazoned with the national flag.
Heraldic representation
Eskort’s use of the national flag in commerce is governed by the Merchandise Marks Act 17 of 1941 (‘the Merchandise Marks Act’) and the Heraldry Act 18 of 1962 (‘the Heraldry Act’).
The national flag has been registered as a ‘heraldic representation’ and the Merchandise Marks Act and the Heraldry Act both prohibit the use of the national flag without permission being obtained from the Minister of Trade and Industry and Arts and Culture.
The Heraldry Act provides that any person who without the written permission sells, barters or uses for gain or trades in a heraldic representation (including the national flag) shall be guilty of an offence and liable for a conviction to a fine.
