“…inimise interference with lawful content so as to avoid “overblocking”: see e.g. Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3354 (Ch), [2015] Bus LR 298 at [182] and [254]-[257] affd. [2016] EWCA Civ 658, [2017] Bus LR 1.In the present context, this provides another reason why it is important to insist that dam…”
“…ntion is supported by both authority and commentaries. The judge was referred to Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3354 (Ch), [2015] Bus LR 298 at [145]-[146] and to Kerly’s Law of Trade Marks and Trade Names (16th ed) at 16-023, 28-075. He was not referred to Walton v Verweij where it was explicitly h…”