- Cited — Match Group, LLC & Ors. v Muzmatch Limited & Anor. 2023-04-27
“…y different manner or context at a later date, a new global assessment must be made as at that date: see Stichting BDO v BDO Unibank, Inc [2013] EWHC 418 (Ch), [2013] FSR 35 at [94]. Equally, the “honest practices in industrial or commercial matters” proviso to the defences under section 11(2) of the 1994 Act/Article 14(1) of Direc…”
- Cited — Lifestyle Equities CV & Anor. v Amazon UK Services Limited & Ors. 2022-05-04
“…That is the upshot of the case law on ‘direction’ or ‘targeting’ of a website to the UK cited above (see the summary of CJEU case law in the Stichting BDO case [2013] FSR 35). Quite what constitutes enough push of goods, services or advertising for them to the UK is not always easy to determine, especially in cases where a propriet…”
- Cited — Lifestyle Equities CV & Anor. v Amazon UK Services Limited & Ors. 2022-05-04
“…hether there has been infringing use of the sign by another party in the relevant territory (as it was in Stichting BDO v BDO Unibank Inc [2013] EWHC 418 (Ch), [2013] FSR 35, to which the judge was referred). It is common ground, however, that the same approach is applicable in both contexts.…”
- Considered — UK Gymnastics Ltd & Ors v British Amateur Gymnastics Association 2021-03-24
“…e of evidence of confusion becomes more significant the longer the period of parallel trade, relying upon Stichting BDO v BDO Unibank Inc [2013] EWHC 418 (Ch), [2013] FSR 35 at [167]. As counsel for BAGA pointed out, however, it is relevant to consider what opportunity there has been for confusion to occur and what opportunity ther…”