Case No. IP-2015-000152

48.Section 10(3) TMA provides: “A person infringes a registered trade mark if he uses in the course of trade, in relation to goods or services, a sign which is identical with or similar to the trade mark, where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.”49.In order for use of the sign to infringe a trade mark pursuant to Section 10(3) TMA, each of those elements must be made out. Reputation 50.The Trade Mark must have a reputation in the UK. Both parties rely on the CJEU case of