Claim No: IP-2022-000076 - [2024] EWHC 88 (IPEC)

Trade Mark Infringement

Does the Claimant have a reputation in the UK in relation to the Trade Mark?

Is the overall appearance of the Aldi Product, as defined in paragraph 14 of the Particulars of Claim (“the Sign”) similar to the Trade Mark?

If the answer to (2) is yes, does such similarity give rise to a likelihood of confusion pursuant to section 10(2) of the Trade Marks Act 1994?

Did the Defendant’s use of the Sign cause a link in the mind of the average consumer between the Sign and the Trade Mark?

Does the Defendant’s use of the Sign without due cause, take unfair advantage of, and/or is detrimental to the distinctive character and/or repute of, the Trade Mark pursuant to s.10(3) of the Trade Marks Act 1994?

Does the Defendant have a defence under s.11(2)(b) of the Trade Marks Act 1994?

Passing Off

Is the Claimant the owner of goodwill in the business of the sale of the Thatchers Product associated with the Trade Mark?

Has the Defendant passed off by making misrepresentations leading the public, or likely to lead the public, to believe that the Aldi Product is that of, licensed, or approved by, or otherwise connected in trade with the Claimant?

If so, have the said misrepresentations caused damage?