Mark Bresnihan
, C’s Managing Director since 2008 and previously C’s National Sales Manager since 1997. He also signed and speaks to the Particulars of Claim and C’s Reply and Defence to Counterclaim. He has provided further evidence in two witness statements dated 22 July 2022 and 7 October 2022. He attended court and was cross-examined. I thought he was also a good witness. He was candid about what he could remember and what he could not, although I thought his recollection was generally good. He answered questions honestly and to the best of his ability, in my assessment.iii)
- INTRODUCTION
- ICE Group
- Killis
- C’s Trade Marks
- D1’s 2015 Trade Marks
- C’s claims in infringement and passing off
- The Defendants’ defence to infringement and passing off
- C’s invalidity case
- The Defendants’ counterclaim
- C’s Defence to Counterclaim
- Trade Mark Infringement
- Trade Mark Invalidity
- Absolute grounds for refusal of registration
- Relative grounds for refusal of registration
- Passing-off in the context of invalidity (section 5(4)(a) TMA)
- Acquiescence
- in use
- WITNESSES
- Darren Marston
- Mark Bresnihan
- Sean Edwards
- Michael Pang
- Alexander Schless
- Tibor Killi
- THE FACTS
- www.ice-clean.com
- ICE Machines
- DRYVER machines
- agreed
- THE ISSUES
- C’s invalidity claims in relation to D1’s 2015 Trade Marks pursuant to sections 47(2)(b) and 5(4)(a) TMA
- Relevant date
- Goodwill
- Misrepresentation
- Damage
- Conclusion in relation to sections 47(2) and 5(4)(a) TMA
- Statutory acquiescence – sections 48 and 5(4)(a) TMA
- Ds’ invalidity claims in relation to C’s Trade Marks
- C’s invalidity claims in respect of D1’s 2020 Trade Marks
- Sections 47(2)(a) and 5(2) TMA – Likelihood of confusion
- Sections 47(2)(b) and 5(4)(a) TMA – use liable to be prevented by Passing Off
- Ss 47(1) and 3(6)TMA – Bad Faith
- Issue 5 – Infringement of C’s Trade Marks
- Infringement by Killis
- Infringement by D3
- Passing-off
- SUMMARY
- Counterclaim