Five Appeal Court Judges heard Heads of Argument from Laugh it Off's Senior Advocate Peter Hodes, SAB's Philip Ginsberg, as well as Gilbert Marcus appearing on behalf of the Freedom of Expression Institute (FXI), who were there as amicus curiae (friends of the court).
Arguments were largely confined to the realm of trademark law, with much of the focus on American case-law. These cases highlighted legal precedents involving the rights of artists and that of the brand. The link between the Black Label brand and labour exploitation was questioned by SAB, and the validity of Laugh it Off's social commentary was championed by Gilbert Marcus.
Judgment was reserved.
This is the third time the two parties have appeared in court. In December 2003, a 'security for costs' application brought by SAB was dismissed by Judge Roger Cleaver with costs awarded for two counsel. SAB were demanding security for legal costs they estimated to be in excess of R350 000.
In the December 2003 judgment, Cleaver ruled that, "the issues between the parties are important and novel ones which in my view are deserving of a definitive judgment by the Supreme Court of Appeal... Closing the door to (Laugh it Off), which is a likely result of the granting of the relief sought by (SAB), would deny (Laugh it Off) an opportunity to have its dispute with (SAB) determined by a court of law simply by virtue of its financial position."
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