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Reports of Patent, Design and Trade Mark Cases 2003 120(17):586-606; doi:10.1093/rpc/2003rpc32
© 2003 by Crown Copyright
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© Crown Copyright

[2003] R.P.C. 32

THOMSON HOLIDAYS LTD v NORWEGIAN CRUISE LINES LTD

Court of Appeal

Before: LORD JUSTICE ALDOUS, LORD JUSTICE WALLER, LORD JUSTICE SCOTT BAKER December 17, 20021

[2002] EWCA Civ 1828; [2003] R.P.C. 32

Trade mark—Partial revocation for non-use—Correct approach—How average reasonably informed consumer would describe the use that had been made—Infringement—Identical marks for identical services—Identical marks for similar services—Correct test for likelihood of confusion.

1 Paragraph numbers in this judgment are as assigned by the court.


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