The Claim
2.The claim is for infringement of eight registered trade marks. The first two, UK 00002626042 (“the 042 Mark”) and UK 00916905317 (“the 317 Mark”) are the most significant. Both are word marks: SLIM SAUCE, registered in class 30 in respect of sauce for food, pasta sauce and zero calorie sauce. The other six marks are also word marks: two each in the form of SLIM PASTA, SLIM RICE and SLIM NOODLES, each registered in respect of various food products.3.The first claimant is the owner of the trade marks, which are registered to the second claimant, a retailer of sauces and other foodstuffs in the United Kingdom and abroad. I need not distinguish between the claimants.4.The first defendant (“KBF”) trades as “Bodybuilding Warehouse” and markets foods and supplements for fitness enthusiasts. Its range includes low calorie sauces sold under the name “Slim Sauces”. The second defendant (“Mr Fisher”) is the sole owner, sole director and secretary of KBF.5.The claimants allege infringement of their trade marks pursuant to s.10(2) of the Trade Marks Act 1994 (“the 1994 Act”).6.The use complained of is thus in respect of products identical to products in respect of which the SLIM SAUCES marks are registered and in respect of a sign which differs from the SLIM SAUCES trade marks only in that it is in the singular: SLIM SAUCE.7.Mr Fisher is alleged to be jointly liable for the infringing acts of KBF on the ground that he is the only individual involved in the operation and management of KBF. The defendants admit Mr Fisher’s joint liability if KBF is found liable.