Cape Town T-shirt company Laugh It Off Promotions is to appeal a Cape High Court ruling on Wednesday in favour of brewing giant SABMiller barring the company from exploiting the Carling Black Label trademark.
Representative Justin Nurse said the company would definitely appeal.
”Since the case ended we have spent an hour with our lawyers going through the case and we feel there are lots of holes in the judgement,” Nurse said.
”We feel the ruling is one person’s opinion and we most certainly will take the matter further.”
The hearing, before Justice Roger Cleaver, revolved around a T-shirt marked by Laugh it Off, bearing an illustration of the Black Label label, with the words ”Black Labour – White Guilt”, and ”Africa’s lusty lively exploitation since 1652, no regard given worldwide.”
Cape Talk radio reported that Cleaver, in his judgment, said Laugh it Off’s use of the brand took advantage of SAB’s trademark and bordered on hate speech as it was based on race, ethnic or social origin and colour.
Laugh it Off was restrained from infringing SAB’s rights. They may not make use of any mark that takes advantage of or is detrimental to the brands’ distinctive character.
SABMiller was awarded costs. – Sapa