- 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
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