SABMiller said trademarks are threatened by the Constitutional Court ruling on Friday that a T-shirt-maker had the right to mock its Carling Black Label brand.
”The decision suggests that the dignity or reputation of a trademark will not be afforded protection in itself,” the company said in a statement.
”In other words, you can disparage a brand as long as the sales of that brand are not likely to be reduced.
”This, we believe, could be of concern to trademark holders.”
The company said although it supports freedom of expression, it was ”surprised” by the court’s ruling in favour of T-shirt-maker Laugh It Off.
”We fully support freedom of expression. However, it has always been our view that this issue is not one that involves genuine freedom of expression.
”Trademarks are important commercial assets of a company and, like any other company, large or small, we have an obligation to protect our trademark rights and brand equity and reputation.”
The T-shirt company’s founder, Justin Nurse, said he is very happy with the judgement.
”It’s cool. I feel like Steven Gerard, except without the boots,” he said referring to the captain of the Liverpool football team who fought their way to a surprising win over AC Milan in the European Champions League on Wednesday.
Nurse said Laugh It Off has another 1 000 ”Black Labour” T-shirts that it will auction off on its website. It will donate the proceeds to an anti-alcohol abuse charity.
”And that will be the end of Laugh It Off,” Nurse said, adding that he is now doing ”nothing”.
The Freedom of Expression Institute (FXI), which appeared as amicus curiae (a friend of the court) and argued in favour of Laugh It Off, welcomed Friday’s ruling.
”The ruling represents a triumph of freedom of expression over intellectual property rights,” the FXI said in a statement.
It added that the judgement has given constitutional protection to ”cultural jammers” — or those people who criticise commercial speech through parody.
”The SAB action can only be interpreted as bully-boy tactics trying to stamp on the rights of ordinary people, and the FXI welcomes the fact that the court has put them in their place.” — Sapa