UPCOMING FASHION DESIGNER BAYANDA KHATHINI OF BAYANDA KHATHINI CLOTHING HAS ACCUSED THE DESIGNER OF (TAMARYN) GREEN’S DRESS, SELLO MEDUPE OF SCALO DESIGNER OF PLAGIARISM
Following a letter of demand served to Sello Medupe of SCALO DESIGNS by Bayanda Khathini of Bayanda Khathini Clothing. Medupe’s legal representatives responded stating and advising on the laws that govern Copyrights. Khathini proceeded with an urgent High Court application, seeking to order Medupe to be interdicted and restrain Medupe from infringing Khathini’s copyright in the original works and reproducing or causing to be reproduced, whether directly or indirectly, the original works of Khathini. Further, for Medupe to be ordered to remove Khathini’s copied work from Medupe’s Instagram page and on any social media platform associated with Medupe.
SCALO DESIGNS dress recently worn by Former SA Tamaryn Green for her umembeso ceremony.
The case which sat at 10H00 on Tuesday, 2 November 2021 was dismissed with costs. Reasons for dismissal were the following:
- The onus was on the Applicant (Khathini) and his legal representatives to prove that the case was urgent, as was alleged. Khathini together with his legal representatives failed to satisfy all the requirements for an urgent application.
- It was stated this was viewed as a waste of the court’s time, and an infringement of the Respondent’s (Medupe) rights.
“A Bill of Costs has been handed over to Khathini’s attorney. Failure to settle means we will take all the necessary legal steps to recover all the costs Mr Medupe incurred, for example the attachment of assets by the sheriff of the court”, says Vusi Suwela; Director at Suwela Attorneys.
“Post failing to prove a case, Mr Khathini continues to defame the reputation of Mr Medupe and SCALO DESIGNS. We will be taking further legal action to protect our client’s reputation and rights, as well as all those associated to the brand. The legal action will also include everyone associated in defaming our client’s reputation and infringing his rights”, continues Suwela.
SCALO DESIGNS notes with great dismay, the story published online by Sunday World on Monday, 18 October 2021. In the article it is alleged that Khathini claims a dress which went viral after being worn by former Miss South Africa Tamaryn, during her recent umembeso ceremony had “used/copied” his design.
“We have noted that the story published by Sunday World is unbalanced. Our story has not been reported”, says Sello Medupe; Founder and Creative Director of SCALO DESIGNS.
“We had provided the journalist our side of the story, in the form of answers to questions she had posed; in relation to Khathini’s allegations. None of which are reflected in the story. Despite our great efforts to ensure we revert to the journalist a whole six days before the story was eventually published”, continues Medupe.
Again on Sunday, 7 November 2021 City Press ran with a story in which Khathini alleged that “attempts to resolve the dispute had failed, as Medupe had not responded to a letter of demand sent by his lawyers”. The publication also alleged that “Medupi failed to respond”, when Medupe had in fact not been contacted for comment, by City Press.
Africa’s incomparable hand beading couturier; Sello Medupe’s strength lies in delicate and detailed hand beading. Through many garments and collections he has been able to create uniquely SCALO patterns on various fabrics. This is a talent the designer will continue to explore further in upcoming collections.
Medupe takes great pride in, and stands by all the work he has produced to date.