Case No. IP-2021-000046

9.C claims infringement by the Defendants of C’s Trade Marks pursuant to sections 10(2)(b) and 10(3) of the Trade Marks Act 1994 (“TMA”) as result of their:i)Offering for sale, selling, offering for rent, renting and/or importing commercial cleaning equipment, in particular floor cleaning machines, under, by reference to and/or branded with:a)The sign ICEb)D1’s ICE Logoc)D1’s ICE Robotics Logo;ii)Importing commercial cleaning equipment, in particular floor cleaning machines, under, by reference to, and/or branded witha)The sign ICEb)D1’s ICE Logo;iii)Intending imminently to carry out the above acts under and/or by reference to the signs above and/or D1’s ICE Robotics Logo and/or D1’s ICE Cobotics Logo, on a quia timet basis.10.C further claims that in consequence of C’s goodwill in its business under or by reference to the sign ICE, C’s ICE Logo and C’s Trade Marks, these acts of the Defendants complained of, by use of the sign ICE or D1’s ICE Logo or D1’s ICE Robotics Logo, constitute passing off as misrepresenting to consumers that goods or services marked with those signs or offered under or by reference to them are those of C or are connected in the course of trade to C, contrary to fact.