Surveys in trade mark infringement cases: lessons from Marks & Spencer v Interflora | Practical Law

Surveys in trade mark infringement cases: lessons from Marks & Spencer v Interflora | Practical Law

The Court of Appeal’s decision in Marks & Spencer v Interflora in relation to the admissibility of evidence in trade mark infringement cases from witnesses identified in surveys provides a much-needed guide to how to use survey evidence in a form acceptable to the court, and has already been applied in several cases.

Surveys in trade mark infringement cases: lessons from Marks & Spencer v Interflora

by Sarah Burke and Rachel Montagnon, Herbert Smith Freehills LLP
Published on 27 Mar 2013United Kingdom
The Court of Appeal’s decision in Marks & Spencer v Interflora in relation to the admissibility of evidence in trade mark infringement cases from witnesses identified in surveys provides a much-needed guide to how to use survey evidence in a form acceptable to the court, and has already been applied in several cases.