Michael Pang
, founder of the ICE Group of companies and Vice-President of Production of ICE Group since 2018. Previously he was the Vice-President for Export. He speaks to the factual evidence in the Defendants’ Amended Defence and Counterclaim of 18 November 2021 and the Defendants’ Response to C’s Part 18 Request dated 5 May 2022, although he did not sign them for the Defendants. Those were signed by Mr Simon Chen, CEO for D1 and Mr Schless for D2. He also provided a witness statement. Mr Pang attended court and was cross-examined. I am satisfied that he gave honest evidence to the best of his ability but much of what I am concerned with he had no direct involvement with. It became apparent that Mr Pang did not know very much about what was happening in the UK with the ICE Group’s distributors at the relevant time. He was also not at key meetings. It may have been more helpful to have heard from Mr Chen, but I am grateful to Mr Pang for travelling to the UK and providing the evidence that he did.ii)
- 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
