O2 Holdings Ltd. & Anor v Hutchison 3g Ltd

Mr Richard Arnold QC and Mr Mark Vanhegan (instructed by Wragge & Co for the Claimants Mr Geoffrey Hobbs QC and Ms Emma Himsworth (instructed by Lewis Silkin for the Defendant Hearing dates: March 2nd, 3rd 6th 8th 9th ____________________

iv) A blue graduated background with the lighter portion of the graduation at the bottom.

ii) If so, is there a prima facie case of infringement under article 5 (1)(b) of the Trade Marks Directive/section 10 (2) of the Trade Marks Act 1994;

iii) If the registrations are valid, is there a prima facie case of infringement under article 5 (2)/section 10 (3) of the 1994 Act;

iv) If there is a prima facie case of infringement on either ground, does H3G have a defence under the Comparative Advertising Directive;