[2024] EWHC 1727 (IPEC)

For these reasons, whilst I reject aspects of the Claimant’s case, I find that the way in which the Defendants marketed and sold the eControl Cookers would have given customers and potential customers the impression that there was a commercial connection between the eControl Cookers and the eControl System fitted to them and the Claimant and that, in these circumstances, the Claimant had legitimate reasons to object to those activities. On this basis I reject the Defendants’ s.12 defence to the trade mark infringement claim.