Trade Mark Infringement
(1)(a) Has the Defendants’ use of the Signs [“GENIEMAT” and “GENIECLIP”] at all times been in relation to goods which have been put on the market in the European Economic Area under the Trade Marks by the First Claimant or with its consent? (b) If so, does the First Claimant have legitimate reasons to oppose the further commercialisation of those goods in the ways complained of in the Amended Particulars of Claim? (2)Has the Defendants’ use of the Signs had any effect on the functions of the Trade Marks? (3)Has the Defendants’ use of the Signs taken unfair advantage of the distinctive character or repute of the Trade Marks? (4)Was the Defendants’ use of the Signs with due cause?