The High Court has considered whether use of a mark on goods sold at a US Air Force base constituted bona fide use for the purposes of the Trade Marks Act, 1938. In Gerber Products Company v. Gerber Foods International Ltd., the Vice Chancellor had the opportunity of reviewing an issue that had previously been considered in two of the Budweiser cases of the 1980's. It was held then that such use did not establish goodwill in the UK nor was such use sufficient to establish a likelihood of deception or confusion. However, in the present case it was held that, given that such use would be sufficient to constitute trademark infringement of a UK trade mark registration, it would equally constitute bona fide use to defeat a claim for revocation based on non-use. While this is a decision under the old law, it is felt the reasoning would apply equally to the test of whether there is genuine use for the purposes of the 1994 Act. Interestingly, it was accepted that under the 1938 Act it might be possible to restrict the scope of the registration to limit it to use on U.S. bases only, whereas no such geographical restriction can be applied under the 1994 Act.