“…he sign in a materially 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…”
“…ssue in this case is whether 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.…”
“…to her that the absence 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 o…”