C owned trade mark ‘SPIRIT SUN’ for precious stones. D, a jeweller, promised customers he could cut a diamond in the shape of SPIRIT SUN. However customers in question did not believe that use of trade mark indicated that jewels to be made came from C. C sued for infringement. Held:
· Is no infringement where D uses trade mark to denote characteristics of goods, and trade mark is not perceived as a sign of origin
Ø i.e. where use is descriptive