Rooibos wins legal battle over name in USA:

After ten years and nearly R6 million in legal fees, Rooibos Ltd has reached a settlement agreement with Burke–Watkins and Forever Young (Pty) Limited over the rights to the use of the generic term ‘rooibos’. The registration of the word ‘rooibos’ will therefore be cancelled in the USA and various other countries.

Clanwilliam based Rooibos Ltd, the largest supplier and marketer of Rooibos internationally, with assistance from the Department of Trade and Industry and the Western Cape Government have been instrumental in contesting the registration of the generic name of South Africa’s indigenous herbal tea.

According to Rooibos Ltd’s Managing Director, Martin Bergh, the future of Rooibos has received an enormous boost with the outcome of the lawsuit. “The recognition of the word ‘rooibos’ as the generic name and the fact that it is commonly used to describe the Aspalathus linearis plant internationally, confirms that ‘rooibos’ is public domain and can not be patented by individuals”, says Bergh.

Rooibos is only grown in the Cederberg region of the Cape and its geographical indicators have therefore also been taken into account.

In 1994, Annique Theron’s company Forever Young (Pty) Limited, registered the name ’rooibos’ in the USA and numerous other countries to restrict the use of the word ‘rooibos’ to only those willing to do business with Forever Young. In 2001, Forever Young assigned the registration of ‘rooibos’ to her US agent, Virginia Burke-Watkins of Dallas, Texas. “The trademark will now be cancelled and this step allows the word ‘rooibos’ to be used freely in the American market. Large marketing campaigns can now be launched in the USA”, concludes Bergh.

Rooibos has become popular worldwide for its delicate flavour, versatility and documented health benefits. Not only is it free of caffeine, additives, preservatives and colourants. Added benefits such as its polyphenols and other antioxidants may delay the ageing process as well as help protect the body against heart disease, stroke and certain types of cancers.