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

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

dc.concourt.casehistory	Application for leave to appeal against the judgment and order of the Supreme Court of Appeal (SCA) reported as Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International 2005 (2) SA 46 (SCA). The SCA upheld the decision but amended the final interdict granted by the Cape High Court, reported as: SAB International t/a Sabmark International v Laugh It Off Promotions [2003] 2 All SA 454 (C)
dc.concourt.synopsis	Application for leave to appeal against the Supreme Court of Appeal's judgment confirming a restraint order granted against Laugh it Off for infringement of the respondent's trade mark. The dispute concerned the proper interpretation of s 34(1)(c) of the Trade Marks Act 194 of 1993. Moseneke J, writing for a unanimous court, found that SAB had failed to establish the "likelihood of taking advantage of, or being detrimental to, the distinctive character or repute of the marks". He held that the right to free expression cannot lightly be limited and therefore as the section is aimed at protecting the selling power of the mark, an interpretation that conforms to the Constitution requires that evidence of a real likelihood or probability of harm of an economic sort must be adduced by the respondent. Accordingly leave to appeal was granted and the order of the SCA was set aside. Sachs J in a concurring judgment found that parody was central to the challenge, and that an expression of humour is not only permissible but necessary to the health of constitutional democracy
dc.contributor.judge	Moseneke J Majority judgment
dc.contributor.judge	Sachs J separate judgment
dc.date.accessioned	2017-04-08T17:03:00Z
dc.date.available	2017-04-08T17:03:00Z
dc.date.created	2005-02-15	en
dc.date.hearing	8 March 2005
dc.date.judgment	27 May 2005
dc.identifier.casenumber	CCT42/04	en
dc.identifier.citation	[2005] ZACC 7
dc.identifier.citation	2006 (1) SA 144 (CC)
dc.identifier.citation	2005 (8) BCLR 743 (CC)
dc.identifier.uri	http://hdl.handle.net/20.500.12144/2220
dc.link.judgment	http://collections.concourt.org.za/bitstream/handle/20.500.12144/2220/Full%20judgment%20%28536%20Kb%29-3549.pdf?sequence=12&isAllowed=y
dc.title	Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International and Another	en
dc.title.alternative	CCT42/04	en