The Issues
40.Some of the issues listed in the CMC Order had fallen away by the time of the trial. Three which remained were (i) consent, (ii) estoppel or acquiescence and (iii) the liability of Mrs El Paraiso as joint tortfeasor. I will consider them after discussing the points of dispute directly concerned with the alleged trade mark infringement and passing off.41.The Claimants alleged infringement of the Trade Mark under section 10(2) and section 10(3) of the Trade Marks Act 1994 (“the 1994 Act”).
- HIS HONOUR JUDGE HACON
- Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email and released to BAILII. The date and time for hand-down is deemed to be 10.30 a.m. on Tuesday 25th January 2022.
- Introduction
- Background Facts
- The Witnesses
- The Issues
- Trade Mark Infringement – section 10(2)
- Trade Mark Infringement – section 10(3)
- Passing Off
- Further defences
- Consent
- Rights conferred by registered trade mark
- Estoppel
- Conclusion