Logos and No-gos: Is witness evidence from survey respondents admissable?

Unless your survey evidence adds real value, it won’t make the cut.

In a recent decision in the protracted adwords clash between Interflora and Marks & Spencer (M&S), the Court of Appeal held, in M&S’s favour, that witness evidence obtained for Interflora from survey respondents was not admissible, and provided new guidelines on the use and reliability of survey evidence specifically in trade mark infringement proceedings.