Breastfeeding behaviour is
multifactorial, and a wide range of socio - cultural and physiological variables impact on a woman's
decision and ability to breastfeed successfully.
However, this has not been the approach taken by the EU IPO, or indeed the UK IPO or English High Court2, which have preferred the
multifactorial analysis approach taken in the 2012 CJEU
decision of Leno3 where the CJEU stated that «territorial borders of the Member States should be disregarded in the assessment of whether a trade mark has been put to «genuine use in the Community»... taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity».