High Court of Justice (Chancery Division) Geoffrey Hobbs, Q.C. (sitting as a Deputy High Court Judge): 7-9, 12-16 May and 4 August 2008. [2008] EWHC 1930 (Ch), [2009] R.P.C. 2.
Bibliography, etc. Note
Trade mark-Community trade mark-Three dimensional shape mark-Graphic representation of food mixer and stand-Infringement-Survey evidence-Witness gathering exercise-Cautious approach to such evidence-Contextual assessment of evidence-Whether likelihood of confusion-Whether design conscious consumer the relevant average consumer-Whether "bait and switch selling" an infringement-Whether mark's reputation must extend across Community or a large area of it-Whether shape of defendant's food mixer likely to take unfair advantage of or be detrimental to character and repute of mark-Application of concepts of tarnishment and dilution to shape marks-Passing off [Source : 2009 R.P.C. 2].