This action involved a claim for Section 10(2) TMA 1994 trade mark infringement in relation to the Defendant’s, Cazitex’s, reusable nappies. The UK trade mark (registered for inter alia nappies) in issue was ‘Bambino Mio’, the potentially infringing mark ‘Bambineo’. After the High Court trial the claim was dismissed, the Judge finding in favour of the Defendant, with a finding of no trade mark infringement. The Claimant appealed and the Appeal was dismissed with the Court of Appeal judgment reported at [2010] ETMR 6. Daniel Alexander QC and Iona Berkeley were Counsel for the Defendant/Respondent, Cazitex, in the Court of Appeal. Iona Berkeley was Counsel for the Defendant in the High Court proceedings.