C (Datacard) was supplier of printers; owned trade mark ‘DATACARD’. D (Eagle Technologies) was seller of card printers. D used C’s trade mark on its website, and also on labels applied to packaging of printer products sold by D. C sued for infringement of trade mark. Held:
· Was infringement under Article 5(1)(b)
· On basis of ECJ authority, post-sale confusion suffices to show infringement.
· Even if consumer is not confused about origin when purchasing goods on website, may be confused later upon delivery of products
Ø i.e. consumer might not, when buying printer, have any belief at all that that printer is connected to Datacard
Ø but when printer then arrives with ‘DATACARD’ on product label, consumer may only at that point form incorrect belief they are connected to Datacard
