The Constitutional basis for trademark parodies in India and South Africa

Banerjee, Arpan (2023) The Constitutional basis for trademark parodies in India and South Africa. In: Charting limitations on trademark rights. Oxford University Press, pp. 277-292. ISBN 9780198871248

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Abstract

This chapter discusses two noteworthy cases involving trademark parodies—the decision of the South African Constitutional Court in the Laugh It Off case and an order of the Delhi High Court in Tata v. Greenpeace, which relied on the former. Both cases are good examples of a “constitutionalization” approach toward IP rights. In Laugh It Off, the court disagreed with the decisions of the Supreme Court of Appeal and the Cape High Court, and permitted the sale of a t-shirt ridiculing a famous beer brand. In Greenpeace, the court refused to prevent Greenpeace from using an online game to highlight alleged environmental violations of Tata, one of India’s best-known corporations. In both cases, the courts placed primacy on free speech principles. However, Greenpeace stands out for not merely involving a trademark infringement claim but also a defamation claim, and further concerning noncommercial use. The chapter accordingly considers the relevance of Greenpeace, in which a final order is still pending, in today’s context of “meme warfare.”

Item Type: Book Section
Keywords: Greenpeace | Laugh It Off | Trademark parody | European Union | Constitutionalization | Trademark tarnishment | Trademark infringement
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 11 Jul 2024 10:24
Last Modified: 11 Jul 2024 10:24
Official URL: https://doi.org/10.1093/oso%2F9780198871248.003.00...
URI: https://pure.jgu.edu.in/id/eprint/8085

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