Miss Recorder Amanda Michaels:
1.This is a case of trade mark infringement and passing off which raises some unusual issues. The trade marks used by the parties for their respective products are not said to be similar or confusing. Instead, the Claimants allege that the Defendants used the Claimants’ trade marks in order to sell their own goods under their own distinct trade marks, and that this amounted to infringement by “bait and switch" selling. They also complain of passing off. The Defendants’ case is that they were making legitimate use of the Claimants’ marks in relation to genuine goods. 2.The trial was heard remotely over video-link, and I am grateful to everyone concerned for their efforts in setting up the hearing, including by attending a pre-trial case management conference, sorting out the electronic documents and ensuring that the trial ran to time. Whilst we experienced intermittent issues with internet connections, and there were some issues with using the electronic bundles, it seems to me that those difficulties did not derail the proceedings.