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

Given the extent of my findings that the Marks are devoid of inherent or acquired distinctive character, and given that reputation requires a certain degree of knowledge of the earlier mark per C-375/97 Chevy, the Claimant has not satisfied me on the evidence that the Marks or any of them have a reputation with a significant part of the public in the UK or an enhanced distinctive character capable of impacting on the assessment of infringement. That is because I have no reliable evidence on market share, very little reliable evidence on the size of investment in the Marks in the UK, and insufficient information on the intensity and geographical extent of the use of the Marks, and the duration of use is even shorter than for assessing acquired distinctiveness, the relevant dates being earlier, in July 2022 for Category 2 infringement and 17 October 2022 for Category 1 infringement.