SABMiller Not Laughing at BLACK LABOUR WHITE GUILT Parody Ruling
The Constitutional Court in South Africa has ruled that Laugh It Off productions made fair use of liquor giant’s BLACK LABEL trademark as parody when it created a similar looking label that read BLACK LABOUR WHITE GUILT to sell on t-shirts.
SABMiller, one of the largest brewers in the world, manufactures Carlings Black Label Beer. It found Laugh It Off’s add offensive and racially charged and asserted a claim of trademark infringement against Laugh It Off, alleging tarnishment of its polular brand. After losing at the lower court level, the Constitutional Court in South Africa ruled — in a first of its kind case — that Laugh It Off was not liable for trademark infringement.
Let’s hear it for free (and marginally funny) speech.