ASSOS v ASOS: High Court provides further guidance as to survey evidence following Marks & Spencer v Interflora
The claimants, Mr Maier and Assos of Switzerland, are the owners of various community trade marks for ASSOS, under which they manufacture and sell, predominantly, cycle clothing. The clothing range is offered through various cycling retailers such as Evans Cycles, Wiggle and Chain Reaction Cycles. The defendants operate the online clothing store, ASOS.COM, and sell clothing aimed at the younger generation under the mark ASOS.
The claimants brought an action for trade mark infringement and passing off arising as a result of the similarity of the claimants’ mark, ASSOS and the defendants’, ASOS. In the interim, on 8 November 2012, the claimants filed an application seeking the court’s directions in respect of:
- a witness collection exercise in which it intended to contact entrants to a “Win a Trip to Paris with Assos” competition published on 6 October 2012, and to be at liberty to apply to rely at trial on the witness statements obtained as a result of that exercise. As part of the prize draw, the recipients were asked “Can you tell us what you think of ASSOS, giving examples of what you like and do not like?” and “What, if anything, have you bought from us in the past?” Assos received 147 responses. The claimants estimated that the cost of contacting certain recipients of the prize draw as part of the witness collection exercise would be around £7,000
- a survey which the claimants intended to conduct at the London Bike Show between 17 and 20 January 2013. According to the claimants, the survey would seek to test the use of the defendants’ sign in the form of clothes tags. The cost to carry out the survey was estimated at £13,000…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Landlords must protect tenants’ deposits and provide tenants with prescribed information, regardless of when the tenancy commenced and when the deposit was received.
In the Yam Seng case, the court was willing to imply a duty of good faith to give business efficacy to a commercial contract. Since that case, the law has been somewhat uncertain.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.