Case No. IP-2014-000051

129.It is for me to assess the likelihood of confusion globally, taking account of all relevant factors, and judging the matter through the eyes of the average consumer who is reasonably well informed, reasonably circumspect and observant; who rarely has the chance to make direct comparisons between marks and must instead rely upon the imperfect picture of them that he was kept in his mind; and who has the additional attributes that I have previously identified. 130.In this case, the goods and services to which the Registered Mark and the ORANMORE Signs and First Defendant’s Device are used are identical. I have found the Registered Mark to be highly distinctive. I have found the Registered Mark and the ORANMORE Signs to have a high degree of similarity and the Registered Mark and the ORANMORE Signs plus First Defendant’s Device to have a somewhat lower but still relatively high degree of similarity. I have found some evidence in support of the contention that the association between the mark and signs causes the public to wrongly believe that the respective goods and services come from the same or economically linked undertakings. For those reasons, I am satisfied that all of the disputed uses by the Defendants of the ORANMORE Signs alone or with the First Defendant’s Device give rise to a likelihood of confusion.