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

The Claimant points to a marketing spend of almost £25,000 on perimeter branding or stadium edge advertising, at five Championship and 11 Super League rugby league games in October 2021, during the pandemic when attendance figures were limited to a quarter of the usual capacity. I have seen photographs which show the Builder.ai Figurative Mark was used around the pitch perimeters, and I accept Mr Howe’s submission that it was there in part to be picked up by the television broadcasts. The Claimant has not provided any evidence of attendance numbers at these closed games, although the Defendants have produced a print out from Wikipedia which suggests attendance of around 4,000 for one of the Super League games, which Ms Gupta was willing to accept. Ms Gupta confirmed in cross-examination that she knew they were all going to be closed games, but said that they were all televised on Sky Sports. Although I am willing to accept that is her honest recollection, this was not in her witness statement and the Claimant has provided no documentary evidence to verify that recollection. Nor has it provided any evidence about what viewing figures any such televised games achieved.