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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
THURSDAY, 24 JULY 2014
Survey evidence in England & Wales: not dead after all?

At last year's MARQUES "Meet the Judges" session in London, kindly hosted by our friends at IBIL and noted on Class 46 here, the consensus of judicial opinion was that prospects for introducing survey evidence in trade mark litigation were "dead" or at least "pining for the Fjords". However, in Enterprise Holdings Inc v Europcar Group Ltd and another [2014] EWHC 2498 (Ch), Mr Justice Morgan surprised everyone by permitting reliance on survey evidence which Enterprise Holdings sought to be introduce in order to show that its marks had acquired enhanced distinctiveness and were thus so strongly identified with the goodwill in its business to support its trade mark infringement and passing-off action against Europcar.

This case will undoubtedly be the subject of considerable discussion over the coming months and will be subjected to a fuller treatment on this weblog in due course.

Posted by: Blog Administrator @ 16.30
Tags: survey evidence, England & Wales,
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