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.

Sign in or Register to continue reading this article

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Kings Court
12 King Street
Leeds
LS1 2HL
UK
http://www.walkermorris.co.uk

Turnover (£m): 42.50
No. of lawyers: 188