33The case in the main proceedings falls within the situation referred to in Article 5(1)(a) of Directive 89/104 and Article 9(1)(a) of Regulation No 40/94, namely the so-called ‘double identity’ situation, in which use by a third party of a sign identical with the trade mark is made in relation to goods or services which are identical with those for which the trade mark is registered. Indeed, it is not in dispute that M & S made use in relation to its flower-delivery service, of, inter alia, the sign ‘Interflora’, which is in substance identical with the word mark INTERFLORA, registered for flower-delivery services.
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