Claim No: IP-2022-000086 - [2024] EWHC 1430 (IPEC)

Issue 1, 15 and 16 really fall to be considered together. Before considering those, I must first determine who is the average consumer, as the question of inherent distinctiveness is considered through his eyes. This does not appear to be disputed. The parties agree that the average consumer is anyone who wishes to create an app without coding, whether businesses, other organisations or individuals. Those may be organisations of any size and individuals of any age. The Defendants submit that there are no special features of the average consumer to weigh in this case, save that the level of attention would be higher than average given that the consumer is selecting a product that will enable them to build something of value. I accept that submission.