Laugh It Off Promotions v South African Breweries
South African legal case / From Wikipedia, the free encyclopedia
Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International and Another is a landmark decision of the Constitutional Court of South Africa on the intersection between freedom of expression and trademark law. The case concerned the proper interpretation of anti-trademark dilution provisions of the Trade Marks Act 194 of 1993 in the context of the sale of T-shirts parodying established commercial brands. The court's unanimous judgment, delivered on 27 May 2005, was written by Justice Dikgang Moseneke.
Quick Facts Laugh It Off Promotions v South African Breweries, Court ...
Laugh It Off Promotions v South African Breweries | |
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Court | Constitutional Court of South Africa |
Full case name | Laugh It Off Promotions CC v South African Breweries International (Finance) BV trading as Sabmark International and Another |
Decided | 27 May 2005 (2005-05-27) |
Docket nos. | CCT 42/04 |
Citation(s) | [2005] ZACC 7; 2006 (1) SA 144 (CC); 2005 (8) BCLR 743 (CC) |
Case history | |
Appealed from | Supreme Court of Appeal – Laugh It Off Promotions v South African Breweries International [2004] ZASCA 76 High Court of South Africa, Cape Provincial Division – South African Breweries International v Laugh It Off Promotions [2003] ZAWCHC 100 |
Court membership | |
Judges sitting | Langa DCJ, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O’Regan J, Sachs J, Skweyiya J, van der Westhuizen J and Yacoob J |
Case opinions | |
Decision by | Moseneke J (unanimous) |
Concurrence | Sachs J |
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