Conclusion
101.The claim for infringement of the Trade Mark succeeds under s.10(2) but fails under s.10(3). The claim for passing off is dismissed. Mr Gu is jointly liable with WLE for the acts of infringement.1 Although it has been said that the average consumer should not play a role, see Kerly’s Law of Trade Marks and Trade Names, 16th ed., at 12-123 to 12-131, in particular 12-130.