no yada yada: Santam vs Nando’s

Written by Andrew Rens on April 25th, 2012

Regular readers of this blog will recall the legal dispute between Santam and Dial Direct, two South African insurance companies. Santam objected to a parody of one of series of advertisements featuring Ben Kingsley on the grounds of alleged copyright infringement and ‘disparagement’. Although rife with copyright issues that require judicial clarification the dispute sputtered out and was finally settled.

Another advert in the ‘Real McCoy’ series has been spoofed by Nando’s a South African restaurant chain known for cheeky ads poking fun at politicians and the publicly unpopular World Cup advertising monopoly.

Commenting on the Santam/Dial Direct dispute Jeremy Speres suggested “Perhaps, with all the creative talent we have in this country, all those billable hours could have been spent on devising a tasteful retort?”

Whether or not they were aware of Spere’s suggestion it seems that Santam has taken that approach in its new ad responding to Nando’s.

Of course there are differences, Dial Direct and Santam are direct competitors whereas Nando’s and Santam are not.


1 Comments so far ↓

  1. Jeremy Speres says:

    Thanks very much for the mention Andrew.

    Regarding your final point, I guess the true test of Santam’s intentions would be if another party who is a competitor does something similar again.

    Of course, given the causes of action relied upon by Santam in the Dial Direct matter, it shouldn’t matter that Nandos isn’t a competitor, at least from the copyright angle. If Santam’s sole basis for not pursuing Nandos is merely that they are not a competitor then it seems a bit hyprocritical not to pursue them, provided the rest of the merits are equivalent with those in the Dial Direct matter.

    Nevertheless, well done to both brands for the way in which they handled this.