Mr Malfas
87.Theodoras Malfas was formerly an investment director of a private equity fund called ‘NBGI’. NBGI bought Mermeren from a Greek company in April 2009. Mr Malfas was responsible for the due diligence undertaken in respect of Mermeren. He gave evidence about the marble market drawn in particular from that time.
- HIS HONOUR JUDGE HACON
- Defendant
- Introduction
- The issues
- The law
- Whether use of the mark can be taken into account
- perception that arises in consequence of the use of the mark as a trade mark and thus as a result of the nature and effect of it, which make it capable of distinguishing the product concerned from those of other undertakings
- The necessary territorial extent of acquired distinctive character
- Summary of the law
- A significant proportion of the relevant class of persons
- The average consumer in the present case
- Acquired distinctive character under art.7(3)
- Use of the Trade Mark
- Whether actual knowledge of a geographical place is necessary under art.7(3)
- The messy reality of what relevant persons think
- The evidence
- Mr Mitchell
- Mr Charles
- Mr Rigopoulos
- Mr Malfas
- Summary
- August 2013 to March 2016
- Conclusion