Case No. IP-2014-000051

14.Oran’s pleaded case is that the acts of Oranmore are procured and controlled by Ross Melville and Richard Burke and are carried out pursuant to a common design of all three defendants. Specifically, Oran pleads that Ross Melville and Richard Burke were responsible for the choice of Oranmore’s company name and the decision to use the ORANMORE Signs and the First Defendant’s Device. For the purposes of this claim, Ross Melville and Richard Burke admit liability for any such acts of Oranmore found to be unlawful.15.Issue 1 (the nature of Oran’s goodwill) is no longer contested by the Defendants who accept that Oran supplied identical and similar goods and services in the UK, including Hollowcore, to those traded by Oranmore both before and after Oranmore’s incorporation and commencement of trade.16. Issue 2 (Oranmore’s trade) is no longer contested by Oran, which accepts that Oranmore has traded in Hollowcore, precast concrete products, stair flights, landings and floors since March 2012.17.It is common ground that Oranmore has used the ORANMORE Signs in respect of goods and services identical or similar to the goods and services for which the Registered Mark is registered, namely Classes 19 (preformed concrete building elements; Hollowcore flooring; concrete beams; concrete columns; concrete twin-wall materials; concrete plate flooring; concrete building frames; concrete stairs; concrete balconies), 37 (construction project management services) and 42 (design of buildings). There is identity in respect of the central goods and services in respect of which Oranmore trades, namely preformed concrete building elements, twinwall, Hollowcore flooring, concrete beams and columns, concrete stairs and construction management services.