CA-2025-000162 - [2025] EWCA Civ 1340

The judge recorded at [123(a)] that it was not ultimately controversial that references to “the public” or “the relevant public” in the CJEU case law concerning Article 2 of the Directive and Article 4 of the Regulation (and their successors) meant something different to the “average consumer” referred to in many other aspects of the CJEU’s case law on trade marks. I am bound to say that I am doubtful whether this is correct (see e.g. Stihl at [34]), but it does not matter for the purposes of the present appeal.