Interflora v M&S: are the days of survey evidence over?

The Court of Appeal of England
and Wales has handed down
judgment in Interflora Inc v
Marks & Spencer PLC ([2013]
EWCA Civ 319). This decision
– the second judgment of
the court in this case on the
admissibility of evidence
from witnesses identified
through surveys – seems to
make it even harder to adduce
survey evidence in trademark
infringement cases.