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

The respondent, Sabmark International, owned well-known registered trade marks used for Carling Black Label beer. The appellant, Laugh It Off Promotions CC, marketed T‑shirts bearing a caricature of the Black Label get‑up. The design closely resembled the registered trade mark but replaced key wording with phrases such as “Black Labour”, “White Guilt”, and “Africa’s lusty, lively exploitation since 1652”. Sabmark alleged that this unauthorised use diluted and tarnished its well-known trade marks in contravention of section 34(1)(c) of the Trade Marks Act 194 of 1993. The appellant contended that its use was protected by the constitutional right to freedom of expression. The High Court granted an interdict against the appellant, and the appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed and the interdict granted by the High Court restraining the appellant from using the offending caricature trade mark in relation to goods was upheld.

This case was a leading South African authority on trade mark dilution, particularly dilution by tarnishment under section 34(1)(c) of the Trade Marks Act. It clarified that infringement under this provision does not depend on confusion or deception and that reputational harm to a well-known trade mark can suffice. The judgment also addressed the interaction between intellectual property rights and freedom of expression, emphasising a balancing approach. Although later overturned by the Constitutional Court, the SCA decision remains significant for its detailed exposition of anti-dilution principles.