Comment by _millymoo

Hi, it is decided on a case by case basis - basically a judge has to consider the two together to determine that, but there is general guidance (albeit really, little more than logic) here: http://www.ipo.gov.uk/types/tm/t-other/t-infringe.htm. As you can see from his language in his email, the person who wrote to you has clearly read this or something similar.