[Commons-Law] SA beer parody case to conclude

[TAHIR AMIN]

Parody, freedom of speech/expression and trade marks like in the case below are becoming more and more an issue as activists and NGOs and other political groups target corporate behaviour as a way of attracting public attention to such matters. Corporations are protecting their trade marks and brands more vigourously than ever as they are now the number one asset on the account book and any damage to the brand affects the balance sheet. 
 
A similar case in France between Esso and Greenpeace (2003) favoured parody/freedom of expression over trade mark infringement, but in another case of Greenpeace v Areva (a nuclear industry company), although the court found that there was a right to freedom of expression,  it did find Greenpeace had in certain respects gone too far in  tampering with Areva's logo,and exceeded the limits of freedom of expresssion.
 
Parody is not a defence in trade mark law, unlike copyright law, so it remains to be seen how the courts will judge the line between whether parody amounts to free speech/expression or 'hate speech', thus amounting to damage and infringement of a company's trade mark and its reputation. 
 
Tahir
 
 
SA beer parody case to conclude 

By Alastair Leithead 
BBC News, Johannesburg 


 The Black Labour T-shirt is one of many made by the company

South Africa's Constitutional Court is hearing the final stage of a legal battle between a tiny T-shirt company and the world's second-largest brewer. 
Laugh it Off Promotions replaced the Black Label logo with the words "Black Labour, White Guilt", referring to the apartheid-era abuse of black workers. 
It claims the right to free speech is greater than trademark rights. 
But the brewer, SAB Miller, says the spoof was racially inflammatory and offensive. 
It said the parody of their beer label suggests the company had profited from the racist regime. 
The South African courts have so far been pretty clear about Laugh it Off Promotions' parody of the Carling Black Label beer logo: that it broke trademark rules by reproducing the artwork. 
Laugh it Off has produced a number of different designs using logos to make controversial points, but Tuesday is its last chance to challenge earlier rulings. 
However, lawyers will argue that the T-shirt maker - facing financial ruin if it loses - crossed the line from humour to hate-speech. 
It is a test case for artistic freedom, and an argument that will have to be decided by the South African Constitutional Court. 



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