Case No. EWHC-11-(IPEC)

100.Given my findings in relation to what was agreed in 2003, I can deal with this point briefly, as it arises only if I am wrong, and it arises in any event in relation to a minor and more recent aspect of the First Defendant’s business: i)Use by the First Defendant of CORMETON on its own; and ii)Use by the First Defendant of the Signs and the CE Sign in relation to mechanical fire protection goods and services. 101.The parties were agreed as to the law to be applied in relation to trade mark infringement. It is well known, and I do not need to set it out here. Identity/similarity of Mark/Signs/CE Sign 102. The Defendants admit identity and similarity of the Mark and CORMETON. The Defendants admit similarity of the Mark to the Domain Name. The Defendants admit similarity of the Mark to the CE Sign. However, the Defendants deny similarity of the Mark to the Work and/or the Device. Clearly, as the Work and the Device include obviously and in full the word CORMETON and no other word or words, they are clearly similar to the Mark, such that it is difficult to see why a denial was pleaded. As the device elements will not be pronounced, and have no conceptual meaning that is not allusive of fire protection services, in my judgment, the Work and the Device are highly similar to the Mark. Therefore, in my judgment, all the Signs and the CE Sign are highly similar to the Mark. Identity/similarity of goods/services 103. The Mark is registered for a wide range of goods and services connected to fire safety which fall within Nice classes 6, 9, 37, 40, 41 and 45. The full specification is set out below: Class 6: Breathing gas cylinders; parts and fittings relating to the aforementioned goods. Class 9: Fire fighting and breathing apparatus; fire fighting apparatus and instruments; fire extinguishers for domestic use; fire extinguishers for commercial use; fire extinguishers for use in sea and river vehicles; fire extinguishers for use in land vehicles; automatic fire extinguishers; fire blankets; fire alarms; fire hose nozzles; fire hose reels; fire-fighting hoses; fire hose reel winders; fire detection instruments and apparatus; fire detection installations; fire extinguishing installations; dry risers; dry riser valves; wet risers; wet riser valves; fire extinguisher boxes; fire extinguisher stands; sprinkler apparatus and sprinkler fire detection instruments; fire and safety signage; parts and fittings for all of the aforesaid goods. Class 37: Installation and maintenance of fire extinguishers; installation and maintenance of fire hoses and fire hose reels; installation and maintenance of fire detection systems; installation and maintenance of fire extinguishing and suppression systems; filling of breathing apparatus; filling of underwater breathing apparatus; filling of nitrogen and/or carbon dioxide and/or helium and/or oxygen gas cylinders for domestic or commercial use; consultancy services in relation to the aforesaid services. Class 40: Custom manufacture of hose reel winding machines and brushing machines. Class 41:Education and training services relating to the use of fire fighting apparatus and equipment and fire risk; fire training; education and training services relating to health and safety; publishing training material in fire safety; publishing training material in health and safety. Class 42: Inspection and testing of fire extinguishers; inspection and maintenance of breathing apparatus; inspection and testing of underwater breathing apparatus; inspection and testing of nitrogen and/or carbon dioxide and/or helium and/or oxygen gas cylinders. Class 45: Fire risk assessment; Fire safety risk assessment and consultancy services; consultancy services relating to fire detection and suppression systems; fire hazard analysis; fire safety consultancy and advice. 104.In its Particulars of Claim, the Claimant alleged that the First Defendant used the Signs and the CE Sign in relation to the following goods and services: “fire alarms; intruder/burglar alarms; cctv systems and components; access control systems and components; emergency lighting; induction loops fire & smoke damper test and inspection; weekly fire alarm testing’ automatic gas extinguishing systems; disabled refuges; remote monitoring; and services related to the aforesaid goods and services of surveying, designing; installing; commissioning; maintaining; repairing and responding to alarms or alerts from such goods.” (the