Laugh It Off Promotions v. South African Breweries International (Finance) B.V.

2006 (1) SA 144 (2005)

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Laugh It Off Promotions v. South African Breweries International (Finance) B.V.

South Africa Constitutional Court
2006 (1) SA 144 (2005)

Facts

South African Breweries International (Finance) B.V. (South African Breweries) (plaintiff) owned the trademarks to the Carling Black Label brand of beer. These trademarks included the label Carling Beer as well as the phrases “America's lusty lively beer” and “enjoyed by men around the world.” Laugh It Off Promotions (Laugh It Off) was in the business of selling satirical T-shirts. Laugh It Off's T-shirts included satirical versions of trademarks, whereby a trademark was slightly changed in order to make fun of the brand but still retain recognizability. Laugh It Off changed South African Breweries’ trademarks to read “Black Labour,” “Africa's lusty lively exploitation since 1652,” and “No regard given worldwide.” South African Breweries sued Laugh It Off for trademark dilution. The lower courts found for South African Breweries, and Laugh It Off appealed.

Rule of Law

Issue

Holding and Reasoning ()

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