Eco 372 international trade and finance speech

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Eco 372 international trade and finance speech

Introduction This case brings to the fore the novel, and rather vexed, matter of the proper interface between the guarantee of free expression enshrined in section 16 1 1 of the Constitution and the protection of intellectual property rights attaching to registered trade marks as envisaged by section 34 1 c 2 of the Trade Marks Act of the Act and consequently to related marketing brands.

The issue confronts us in the context of an application for leave to appeal against the whole of the judgment and order of the Supreme Court of Appeal SCA.

The free expression right conferred by section 16 of the Constitution is couched in the following words: The section reads as follows: Provided that the provisions of this paragraph shall not apply to a trade mark referred Eco 372 international trade and finance speech in section 70 2. This it does by altering the images and words on trade marks and printing them onto T-shirts.

International Journal of Engineering Research and Applications (IJERA) is an open access online peer reviewed international journal that publishes research. Poljoprivredna TV emisija „U našem ataru“ je namenjena poljoprivrednicima kojima je brza i tačna informacija od izuzetnog značaja za njihovu proizvodnju. U.S. Senator John McCain (R-AZ), a member of the U.S. Congress from until his death in office in , a two-time U.S. presidential candidate, and the nominee of the Republican Party in the U.S. Presidential election, took positions on many political issues through his public comments, his presidential campaign statements, and his senatorial voting record.

The applicant sells the T-shirts for profit in order to make social comment. The applicant was respondent in the interdict proceedings before the High Court and appellant in the SCA.

The respondent is the holder and owner of the registered trade marks in issue. The respondent approached the High Court as applicant.

FXI is a not for profit non-governmental organisation which pursues the principal objects of advancing freedom of expression in South Africa and resisting censorship. Factual Background The material facts of this case are undisputed and may be rendered briefly.

Besides being a trader largely of alcoholic and also of non-alcoholic beverages, the respondent holds, manages, maintains and controls the use of a range of trade marks throughout the world.

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With effect from 31 Decemberthe respondent acquired ownership of three South African registered trade marks from a company known as Sabmark International Inc. Laugh It Off T-shirt: The respondent and SAB tell us that the marks have become well-known and are used extensively across South Africa in relation to beer sales.

In fact Black Label beer has been sold in this country through a variety of trade outlets, from shebeens to mega-wholesalers, for over 30 years.

The label and get-up of the beer were selected because they have a very strong visual impact; something which, we are told, compliments the beer rather well. This, we are assured, translates to bottles of ml for every man, woman and child of all 40 million of us in this country.

SAB points out that these excellent beer sales volumes are owed to the Black Label brand whose market popularity derives from costly, concerted and pervasive advertising in the form of sport sponsorships, television, radio, print media, coasters, posters, flags, T-shirts, billboards and advertising on taxis.

The only real difference was in the wording. The marketing of the T-shirts with the offending marks took the form of advertising on the Internet. The one is to create a close association with well-recognised branded materials and the other is to make fun of them.

Eco 372 international trade and finance speech

It had been marketing T-shirts using at least eleven other brands. However, no other brand holder has litigated against it on grounds similar to the present.

Relying on legislation regulating counterfeit goods, 7 seemingly Standard Bank made an unsuccessful attempt to confiscate T-shirts produced by the applicant and carrying comment on that bank. During January and again in February it dispatched letters of demand calling on the applicant to desist from using the trade marks.

The demand elicited neither compliance nor a substantive response. In the High Court The respondent approached the High Court for an interdict on the ground that the unauthorised use of its registered trade marks by the applicant in the course of trade offended the anti-dilution provisions of section 34 1 c.

The applicant resisted the relief sought, contending that its use of the trade marks had not infringed the section inasmuch as the likelihood of detriment to the reputation of the marks had not been established and that, in any event, it was exercising freedom of expression entrenched in section 16 1 of the Constitution.

Brands, the applicant asserts, are often put to work by powerful corporations to crowd out equally legitimate expression. They tend to stifle the open and free flow of ideas. Since, in time, marketing brands graduate to cultural icons, they should not be beyond the reach of public disclaim or indeed applause.

The purpose of copyright and trade mark laws in an open and democratic society is not to shut out critical expression or to throttle artistic and other expressive acts in a manner that gives way to inordinate brand sway.

The sole member of the applicant, Mr.The aviation industry contributes more than $ billion annually to the U.S. economy and employs more than one million people across the country, according to .

Case CCT 42/ LAUGH IT OFF PROMOTIONS CC Applicant. versus.

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SOUTH AFRICAN BREWERIES INTERNATIONAL (FINANCE) B.V. t/a SABMARK INTERNATIONAL Respondent. AccessPress Lite is a HTML5 & CSS3 Responsive WordPress Business Theme with clean, minimal yet highly professional design.

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This is a theory/laboratory course designed to introduce the student to basic heat engine types, their . Poljoprivredna TV emisija „U našem ataru“ je namenjena poljoprivrednicima kojima je brza i tačna informacija od izuzetnog značaja za njihovu proizvodnju.

Eco 372 international trade and finance speech

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