Case No. EWHC-941-(IPEC)

71.Section 10(2) and (3) of the Trade Marks Act 1994 and arts.9(2)(b) and (c) of the EU Trade Mark Regulation are in substantially the same form. So far as material, s.10(2) and (3) provide that:10 Infringement of registered trade mark.…(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because—…(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered,there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark.(3) A person infringes a registered trade mark if he uses in the course of trade, in relation to goods … a sign which—(a) is identical with or similar to the trade mark ……where the trade mark has a reputation in the United Kingdom and the use of the sign, being without due cause, takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.