Average consumer
23.An “average consumer” includes any class of consumer to whom the guarantee of origin is directed and who would be likely to rely on it, for example in making a decision to buy or use the goods. The Claimant submits that the average consumer for its goods is a parent or relative buying toys for a child. Mr Gale suggested that such consumers may often be in a hurry, and have a low degree of attentiveness to brand. The Defendant submitted that purchasers of its goods encompassed a wider category of persons, also including adults or teenagers buying for themselves. It also submitted that the average consumer of both parties’ goods would be likely to pay a high degree of attention, as when purchasing toys for babies or toddlers care needs to be taken to ensure the product is suitable, and when buying the Defendant’s goods care would be taken as they are collectible items.24.In my judgment, the average consumer of the Claimant’s moderately priced goods is indeed an average member of the public purchasing a toy for a baby or young child. Such persons may be the same as those purchasing the Defendant’s goods, whether purchasing for themselves or others, and whilst some at least of the Defendant’s goods may differ in nature to the Claimant’s goods (as discussed below), and some may be more expensive than the Claimant’s toys, the range of consumers overlaps. In both cases, consumers are likely to pay a medium level of attention to the purchase. In my judgment, the majority of purchasers of toys etc for babies and children are likely at least to assure themselves that the product is suited to the age of the child, even where it is a low cost item. Consumers of more expensive “collectibles” may, however, pay greater attention to the purchase.