oa De Rebus - Trade mark dilution laughed off
|Article Title||Trade mark dilution laughed off|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Spoor & Fisher, Pretoria.|
|Publication Date||Oct 2005|
|Pages||18 - 22|
|Keyword(s)||Claim of infringement, Constitutional Court of South Africa and Registered trade mark|
In the case of Laugh It Off Promotions CC v South African Breweries International (Finance) BV t/a Sabmark International & Freedom of Expression Institute (CC) (case CCT 42/04) the Constitutional Court of South Africa was for the first lime called on to consider a claim of infringement of a registered trade mark. In its judgment (as yet unreported) the Constitutional Court upheld an appeal from a decision of the Supreme Court of Appeal, in Laugh It Off Promotions CC v South International t/a Sabmark International v Laugh It Off Promotions CC 2003 (2) All SA 454 (C).
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