Volume 5, Issue 1, April 2008 The Black Label: Trade Mark Dilution, Culture Jamming and the No Logo Movement Matthew Rimmer * * Dr Matthew Rimmer, BA (Hons)/ LLB (Hons) (ANU), PhD (UNSW), is a Senior Lecturer and director of Higher Degree Research at the Australian National University College of Law, and an associate director of the Australian Centre for Intellectual Property in Agriculture (ACIPA). He is grateful for the feedback and comments of the anonymous referees, and Dr Maree Sainsbury of the University of Canberra. He would also like to thank Laugh It Off Promotions for the pictures of the T- Shirts and the legal protests. E-Mail Address:
[email protected] (2008) 5:1 SCRIPT-ed 71 Abstract This article considers the ongoing debate over the appropriation of well-known and famous trade marks by the No Logo Movement for the purposes of political and social critique. It focuses upon one sensational piece of litigation in South Africa, Laugh It Off Promotions v. South African Breweries International (Finance) B.V. t/a Sabmark International. In this case, a group called Laugh It Off Promotions subjected the trade marks of the manufacturers of Carling Beer were subjected to parody, social satire, and culture jamming. The beer slogan “Black Label” was turned into a T-Shirt entitled “Black Labour/ White Guilt”. In the ensuing litigation, the High Court of South Africa and the Supreme Court of Appeal were of the opinion that the appropriation of the mark was a case of hate speech. However, the Constitutional Court of South Africa disagreed, finding that the parodies of a well-known, famous trade mark did not constitute trade mark dilution.