will probably be confused as to the origin of the goods or the existence or non-existence of such a connection. 35 The determination of these questions involves essentially a comparison between the mark used by the defendant and the registered mark and, having regard to the similarities and differences in the two marks, an assessment of the impact which the defendant's mark would make upon the average type of customer who would be likely to purchase the kind of goods to which the marks are applied. This notional customer must be conceived of as a person of average intelligence having proper eyesight and buying with ordinary caution. The comparison must be made with reference to the sense, sound and appearance of the marks. The marks must be viewed as they would be encountered in the market place 36 and against the background of relevant surrounding circumstances. The marks must not only be considered side by side, but also separately. It must be borne in mind that the ordinary purchaser may encounter goods, bearing the defendant's mark, with an imperfect recollection of the registered mark and due allowance must be made for this. If each of the marks contains a main or dominant feature or idea the likely impact made by this on the mind of the customer must be taken into account. As it has been put, marks are remembered rather by general impressions or by some significant or striking feature than by a photographic recollection of the whole. And finally consideration must be given 37 to the manner in which the marks are likely to be employed as for example, the use of name marks in conjunction with a generic description of the goods. In certain of the decided cases it has been held that the Court should include in its comparison what has been termed the "notional use" of the regis- tered mark and of the alleged infringing mark (see e.g. adidas Sportschuhfabriken Adi Dassler K.G. v Harry