Comments on: A potentially important South African Constitutional Court decision http://www.lessig.org/2005/05/a-potentially-important-south/ Blog, news, books Thu, 12 Oct 2017 08:56:00 +0000 hourly 1 http://wordpress.org/?v=3.8.2 By: David Horwitz http://www.lessig.org/2005/05/a-potentially-important-south/#comment-19949 Mon, 30 May 2005 06:14:13 +0000 http://lessig.org/blog/2005/05/a_potentially_important_south.html#comment-19949 the image that was on the t-shirt can now be seen on their website: http://www.laughitoff.co.za/

Unlike James I think the judgment made a good effort to find a balance to between speech and property (trademark) – what was striking about the lower court descisions was their refusal to even consider this. The suporting judgment (by Justice albie Sachs) makes interesting reading on parody and its legal protection/evaluation.

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By: James Day http://www.lessig.org/2005/05/a-potentially-important-south/#comment-19948 Fri, 27 May 2005 22:41:47 +0000 http://lessig.org/blog/2005/05/a_potentially_important_south.html#comment-19948 That decision is somewhat worrying, for it mentions the possibility of the trademark holder prevailing if actual economic harm can be shown. Presumably one purpose of the shirts is to point out flaws in the moral position of the trademark brand and hence influence the public to be less likely to purchase the trademarked goods.

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By: nathaniel http://www.lessig.org/2005/05/a-potentially-important-south/#comment-19947 Fri, 27 May 2005 11:48:51 +0000 http://lessig.org/blog/2005/05/a_potentially_important_south.html#comment-19947 Actually, the shirts say “Black Labour, White Guilt” in the same logo format. A contemporary classic!

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