IPPZ is a company that develops software for health care
professionals. This software enables health care providers and
patients to communicate more easily with one another. Users include
health centres, hospitals, psychologists, therapists, general
practitioners and physiotherapists. IPPZ offers this software under
the name of its subsidiary 'Karify' and owns several EUTMs
including the word mark 'KARIFY'.

IPPZ uses this mark (inter alia) in the following way:

The Defendant, Cariphy, develops and markets software for health
care and health club professionals and sells this software under
the trade mark 'CARIPHY'. This software enables
physiotherapists, health club owners and personal trainers to
instruct and assist their patients/clients and to manage agendas
and training schedules. Cariphy is the owner of the EUTM word mark
'CARIPHY' (EUTM) and uses this mark (inter alia) in the
following way: