- 27 A A • does not adversely affect, in the context of an internet referencing service having the characteristics of the service at issue in the main proceedings, the trade mark’s advertising function; and B C • adversely affects the trade mark’s investment function if it substantially interferes with the proprietor’s use of its trade mark to acquire or preserve a reputation capable of attracting consumers and retaining their loyalty.’ ” D E F G B C D E F 117. It seems to me that there is a serious question to be tried that G D1’s use of PANDORA as a Google AdWord adversely affects P1’s H I J K trade mark’s function of indicating origin as well as the trade mark’s investment function. 118. Despite Mr Hughes submissions that there was no serious question to be tried on trade mark infringement, I am satisfied that there is a H I J K serious question to be tried. L M N L Joint tortfeasors 119. Mr Clark submitted that D2 has been directly involved in the M N business of jewellery. He further submitted that D2 was clearly involved O in a common design with D1 to infringe. P 120. Q R In dealing with the fact that D2’s Hang Seng Bank account was used for receiving payment for the products purchased by the investigator, Qian in his 2nd affirmation said that D1 did not and does not O P Q R allow payment for its products to be made by direct deposit to its bank S T account. Qian said that the customer representatives responsible for handling customer inquiries “thought that [D2’s] name and account could S T conveniently be used”. U U V V