Case No. EWHC-11-(IPEC)

9.Does there exist a likelihood of confusion on the part of the public because the Signs and/or the CE Sign are identical or similar to the Mark, and used in respect of goods and services identical with or similar to those for which the Mark is registered? 10.Do the acts complained of affect, or are they liable to affect, one of the functions of the Mark? 11.Does the use of the Signs and the CE Sign take unfair advantage and/or is detrimental to the distinctive character and/or take unfair advantage of the repute of the Mark? 12.Was any such use of the Signs and the CE Sign in the manner set out at paragraph 11 above with due cause? 13.Have members of the public actually been confused as a consequence of the acts complained of? 14.Do the acts complained of cause a misrepresentation that damages the Claimant’s goodwill in the Mark and/or the Work? 15.Is infringement of the Mark and/or passing off avoided because of honest concurrent use?