South Africa Case Law

Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International (242/2003)

Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International (242/2003) [2004] ZASCA 76; [2004] 4 All SA 151 (SCA); 2005 (2) SA 46 (SCA); 2004 BIP 131 (SCA) (16 September 2004)

Court

Supreme Court of Appeal

Case number

242/2003

Judges

Harms, Streicher, Navsa, Mthiyane, Comrie

The Supreme Court of Appeal held that the appellant's use of a caricature of the respondent's well-known trade mark on T-shirts constituted infringement by dilution through tarnishment under s 34(1)(c) of the Trade Marks Act. The message conveyed by the T-shirts was found to be materially detrimental to the repute of the trade marks, creating an unwholesome and degrading association with SAB. The court rejected the appellant's reliance on freedom of expression, finding that the use was commercial and not a fair parody or justified socio-political commentary. The court emphasised that neither…

Source excerpt

• Trade Mark Infringement
• Dilution By Tarnishment
• Freedom Of Expression
• Trade Marks Act 194 Of 1993
• Parody Defence