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

Laugh It Off Promotions CC produced and sold T-shirts for profit bearing altered versions of South African Breweries’ well-known CARLING BLACK LABEL trade marks. The alterations replaced the original wording with phrases such as “Black Labour”, “White Guilt” and “Africa’s lusty lively exploitation since 1652”, conveying social and political criticism. SAB, the registered trade mark owner, contended that this unauthorised use in the course of trade diluted and tarnished its marks in contravention of section 34(1)(c) of the Trade Marks Act 194 of 1993. The High Court granted an interdict against Laugh It Off, and the Supreme Court of Appeal upheld the finding of infringement. Laugh It Off sought leave to appeal to the Constitutional Court, relying on the constitutional right to freedom of expression under section 16 of the Constitution.

The appeal was upheld. The interdict granted against Laugh It Off Promotions CC was set aside. No order as to costs was made against the respondent.

This is a leading South African case on the constitutional balance between freedom of expression and trade mark rights. It affirms that trade mark dilution provisions must be narrowly construed and applied consistently with the Bill of Rights. The case establishes strong protection for parody, satire and social commentary involving trade marks, even where such expression occurs in a commercial context.