- 31 A A “(1) B C D (2) E F G H 135. The reasonable person 37 using the internet expects a search to produce a lot of irrelevant sites, and expects many to be foreign. 38 It follows that the mere fact that a search reveals a reference to a trade mark on a foreign website does not begin to establish use of the sign in the course of trade in the United Kingdom for the purposes of infringement. Even if it is not immediately obvious from the search results that a site is irrelevant and the user decides to visit an identified site, that does not establish use in the United Kingdom. The user will be able to see fairly quickly that the site is irrelevant, ‘he will simply say ‘this is not for me’ and move on.’ 39 ” I would also refer to the propositions set out at para 27–66 in B C D E F G H Kerly: I I “(1) J K (2) L M N (3) O The expectation that many sites will be foreign means that the user takes at least some notice of the information provided to him about the nationality of the website. That information may be part of the domain name 42 or part of the content of the site. The appearance of a mark on a foreign website will constitute use of the mark in the course of trade in the United Kingdom if, objectively speaking, the website is aimed at or intended for consumers in the United Kingdom, even if the United Kingdom is only one of the intended markets. If a significant number of customers in the United Kingdom have purchased goods bearing a mark through a foreign website, then use in the course of trade in the United Kingdom will have been established. P Q R If the only evidence of purchases being made from the United Kingdom is trap purchases conducted on behalf of the claimant, then there is probably no use in the United Kingdom, unless the operation has only just commenced.” S V L M N O Q R S 37 U K P (4) T J 38 39 42 Perhaps even “the average consumer”. Euromarket Designs [2001] FSR 20, para 23. Also Avnet Inc v Isoact Ltd [1998] FSR 16 Jacob J. 1-800 FLOWERS [2000] FSR 697 at 705, first instance. eg crateandbarrel-ie.com or crateandbarrel.ie, as in Euromarket Designs [2001] FSR 20. T U V