Pretty much. I'm gonna copy this
Granted points (a) to (c) are met but how is the shirt unfair or detrimental to the Portal logo? It's not like he is using the logo to promote his own game (unless you can confuse a t shirt with a game) or such but rather to associate gamers with a brand that they are passionate about. Then the logo also isn't being used to damage the Portal game franchise either so in my mind the shirt is fair game.The essential elements of an infringement of a trade mark under section 34(1)(c)
(a) unauthorised use by the defendant of a mark identical or similar to the registered mark;
(b) in the course of trade in relation to goods or services;
(c) the registered trade mark must be well-known in the Republic; and
(d) the use of the trade mark would be likely to take unfair advantage of, or be detrimental to the distinctive character or repute of the registered trade mark.




