[2024] EWHC 3256 (IPEC)

Mr Andersson has exhibited client invoices showing, inter alia, sales of products to clients in the UK (including third party distributors) for each year from 2020 to 2024 inclusive, and repair, refurbishment, maintenance and installation work for clients from 2021 to 2024 inclusive.

Mr Andersson’s evidence is that from 1 December 2019 to the end of November 2023 its total sales turnover from the sales of products and services has been approximately £400,000 in total, showing steady growth each year from an annual sales turnover of just under £25,000 for the year ending 30 November 2020 to some £137,000 for the year ending 30 November 2023. From this, as Mr Wood for the Defendants submits and I accept, we must strip out the railway signalling services work, which amounts to approximately £97,000 of the 2023 turnover, bringing the total turnover for the whole period closer to £300,000. Mr Wood also submits that the Court should strip out the third party products for the purposes of considering use of the Alice Mark. However, I have accepted Mr Andersson’s evidence that those products were only sold with the Claimant’s Alice-branded products or services and so I decline to do so.