The Applicant (a manufacturer of surfboards ) is the registered proprietor of a trade mark in the word "spider" andincorporates a "spider device" as part of its logo on its surfboards. Pursuant to the Respondents adopting the name"spyderbilt" on their surfboards the Applicant was granted relief restraining the Respondents from using the name.The Respondents redesigned their logo adopting stylised spiders and the name "Jarvis" on their surfboards. TheApplicant consequently brought an urgent application against the Respondents alleging that the use of the stylisedspiders constituted an infringement of section 34(1)(a) of the Trade Marks Act 194 of 1993 ("the Act"), alternativelya passing off of the said trade mark. The Respondents opposed the application denying the said infringement of theApplicant's trade mark alternatively a passing off and citing estoppel, the exceptio rei judicatae, acquiescence and alack of urgency as defences. The Court accordingly granted the Applicant an interim order pending further action, interdicting the Respondents