Survey evidence: first trademarks, now passing off
The courts have given guidance on the use of survey evidence in the context of trade mark proceedings. But what about passing off proceedings? A recent High Court decision has shed light on the issue.
We described in an earlier article the comments made by the Court of Appeal in Marks & Spencer plc v Interflora on the use of survey evidence. Those comments were made in the context of trademark infringement proceedings. The High Court has now addressed the same issue in the context of passing off proceedings.
In ZEE Entertainment Enterprises Ltd v Zeebox Ltd the claimant operated a number of television channels in the UK under the ZEE brand, principally targeting the British Asian community. The defendant was a developer who marketed an app for television viewers called Zeebox. The claimant instituted trademark and passing-off proceedings.
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.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
A misrepresentation is a statement that induces entry into a contract and that turns out to be false.
Marshalling is an equitable remedy for achieving fairness between two or more secured creditors of the same debtor.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents