M&S v Interflora: the end of witness gathering surveys?
In Marks and Spencer Plc v
Interflora Inc ([2012] EWCA
Civ 1501), the Court of Appeal
of England and Wales has
considered the practice of
adducing favourable evidence
of confusion from members of
the public in trademark actions
where such witnesses were
selected from a wider group
of survey respondents – or
‘witness gathering exercises’.
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