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Results: 1-10 of 59

Changes to the use of survey evidence and witness collection in trade mark cases

  • Mewburn Ellis LLP
  • -
  • United Kingdom
  • -
  • April 24 2013

The test to determine whether parties should be allowed to rely on survey evidence or witness collection in trade mark and passing-off litigation has

Second time unlucky for Interflora in the Court of Appeal

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 5 2013

The Court of Appeal today handed down judgment in the case of Interflora Inc. & others v Marks and Spencer PLC 2013 EWCA Civ 319, with Lewison LJ

Abusive domain name registrations business not personal!

  • Marks & Clerk LLP
  • -
  • United Kingdom
  • -
  • April 3 2013

A bitter family feud was the subject recent domain name dispute resolution proceeding at the official UK domain name registry, Nominet. The outcome

Launch of ICANN’s Trademark Clearinghouse

  • D Young & Co
  • -
  • United Kingdom
  • -
  • March 28 2013

On 26 March 2013, the Internet Corporation for Assigned Names and Numbers ("ICANN") launched the Trademark Clearinghouse. It is envisaged that the

Surveying the landscape: admissibility of survey evidence in trademark disputes

  • RPC
  • -
  • United Kingdom
  • -
  • January 21 2013

The Court of Appeal has issued its much-anticipated decision on the admissibility of survey evidence in the long-running trademark dispute between

Surveys and witnesses to show confusion - how difficult can it be?

  • D Young & Co
  • -
  • United Kingdom
  • -
  • January 1 2013

Businesses use market research surveys to test a public's reaction to new products or to understand buying behaviour. They are important and valuable

Surveying the legal landscape

  • RPC
  • -
  • United Kingdom
  • -
  • December 14 2012

The Court of Appeal has handed down its much anticipated judgment on the admissibility of survey evidence in the long running trade mark dispute between

M&s v Interflora admissibility of survey evidence

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • December 7 2012

The use of survey evidence in trade mark disputes is often desirable but it is not without its challenges

War of the Roses: M&S v Interflora and why evidence from witness participants in invalid and unreliable surveys may still be admissible in limited situations

  • White & Black Legal LLP
  • -
  • United Kingdom
  • -
  • November 30 2012

The Court of Appeal has held in Marks And Spencer Plc v Interflora Inc & Anor 2012 EWCA Civ 1501 that, in trade mark infringement proceedings, evidence derived from statistically invalid and unreliable surveys (commissioned, for example, to show consumer confusion caused by alleged infringement) may in certain situations be admissible under CPR 32.1 as individual witness evidence, subject to the proviso that such evidence should only be admitted if it will be of value and its usefulness justifies the cost of introducing it

English Court of Appeal surveys the usefulness of witness evidence obtained via consumer surveys

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • November 27 2012

This Court of Appeal judgment is yet another judgment in the long-running trade mark infringement litigation, concerning the use of Google AdWords, between Marks & Spencer and Interflora

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