The appellant sold T­shirts with the slogans and graphics which parodied the trademark of the respondent. The respondent had sought and had been granted an order in terms of section 34(1)(c) of the Trade Marks Act 194 of1993, on the basis that the appellant had infringed upon the respondent's trademark through tarnishment. The appellant appealed against the order. The issue before the Court was the interpretation of the section and in particular, the requirement (in order to show infringement of a trademark) that the use of a mark would be likely to take unfair advantage of, or be detrimental to, the distinctive character or the repute of the registered trademark.