Patrice Motsepe's African Rainbow Minerals wins trademark fight against Durban company using similar name

Patrice Motsepe has a name he has spent decades building. He is not prepared to let anyone else borrow it.

African Rainbow Minerals, the Johannesburg-listed mining group chaired by the South African billionaire, has secured a ruling from the Companies Tribunal ordering Congella, Durban-based African Rainbow Star to change its name. The tribunal handed down its decision on April 18, finding that African Rainbow Star's name infringes on ARM's registered trademarks and creates a real risk of public confusion.

The ruling is the latest in a sustained campaign by ARM to defend the "African Rainbow" brand, which it has held through registered trademarks since between 2005 and 2017. African Rainbow Star was only incorporated in July 2025, decades after ARM's trademarks were first registered and continuously renewed. ARM argued before the tribunal that the newer company's name does not comply with the Companies Act because it incorporates a mark that is confusingly and deceptively similar to its own.

Tribunal member Kathleen Dlepu agreed. She found that the mark "African Rainbow" is visually and phonetically identical to ARM's registered trademark, and that members of the public encountering African Rainbow Star would likely believe it is ARM or associated with ARM. "I further agree the confusion and or deception can lead to injury to the applicant's business," Dlepu wrote in the ruling. "This is particularly so when it is considered that the applicant has absolutely no control whatsoever on the quality and type of goods sold and services rendered by the company."

ARM told the tribunal it made multiple attempts to serve its application on African Rainbow Star through available legal channels before the matter proceeded. The company argued it met all requirements for service under the Companies Act.

The tribunal's order gives African Rainbow Star 30 days to choose a compliant name, one that does not incorporate "African Rainbow" or any mark confusingly similar to ARM's trademark. If the company fails to comply within that window, the Companies and Intellectual Property Commission has been directed to rename it to its registration number.

ARM's trademark fight is part of a broader effort to protect a brand that carries significant commercial weight. The mining group traces its history to 1933 through its predecessor, African Rainbow Minerals Gold Limited, known as ARM Gold. It listed on the Johannesburg Stock Exchange in 1997 and currently operates mines across the Northern Cape, Limpopo, Mpumalanga, KwaZulu-Natal and Malaysia, employing thousands of workers and contractors. ARM and its businesses are regularly profiled in local and international publications, making brand clarity a commercial necessity.

Motsepe stepped down as executive chairman of ARM in February 2026, transitioning to a non-executive chairman role, though he remains the dominant figure associated with the company and holds approximately 45% of its shares. ARM reported a near-doubling of profit in the first half of fiscal 2026, driven by rising platinum, palladium and rhodium prices.

African Rainbow Star has not publicly responded to the tribunal's ruling.