SAB not laughing yet
2003-12-11 10:14
Cape Town - The battle between SABMiller and the masters of the satiric T-shirt, Laugh it Off, is back in the Cape High Court on Thursday.
Laugh it Off was granted leave to appeal in May this year after losing its case against the giant brewing company.
Judge Roger Cleaver at the time ruled that the Laugh it Off's "Black Labour" design closely resembled the brewer's Black Label trademark and was taking advantage of it.
SAB now wants Laugh it Off to provide security for its legal costs, before it is allowed to appeal.
Laugh it Off owner Justin Nurse said if only the rich could afford the country's legal system, it would be inaccessible to the poor. SAB indicated that its legal costs for the appeal could amount to R350 000.
'SAB underestimated us'
"SAB should have mentioned costs when we handed in the appeal," said Nurse. He believed SAB underestimated Laugh it Off and now wanted "the case to go away".
"We are willing to take this case right through to the Constitutional Court."
Nurse said his company was not trying to be pioneers. "We want to comment, and we will defend our comment."
Laugh it Off's website indicates that at least 13 companies, trademark owners or individuals have either threatened Laugh it Off or taken legal action against it since 1999.
These include Diesel, Nestle, Lego, Coca-Cola, Incredible Connection, Joshua Doore and singer Steve Hofmeyr.
Nurse said the latest letter came from the manufacturer of Mr Min. The Laugh it Off T-shirt that has got under Mr Min's skin makes fun of US president George W Bush, who is depicted as "Mr Sin ' Super Mean Super Power. Wipes out World Peace."
Send e-mail to marenet@dieburger.com
Official Laugh it Off website: www.laughitoff.co.za
SABMiller website: www.sabmiller.com