Proving Confusion in Passing Off & Trade Mark Cases
Until recently, using surveys or witness gathering exercises to obtain evidence of confusion in trade mark and passing off cases was common practice. But the recent Court of Appeal decision in Interflora Inc v Marks & Spencer Plc means new approaches to such cases are now vital.
In this 45-minute video, Iona Berkeley and Lindsay Lane - both from 8 New Square - examine the new guidance and offer alternative approaches to proving confusion.
These are the additional cases discussed:
Zee Entertainment Enterprises Ltd v Zeebox Ltd
Fage UK Ltd v Chobani UK Ltd
Cosmetic Warriors Ltd v Amazon.co.uk Ltd
A&E Television Networks LLC v Discovery Communications Europe Ltd
Och-Ziff Management Europe Ltd v Och Capital LLP
Neutrogena Corp v Golden Ltd (t/a Garnier)
General Electric Co Ltd (USA) v General Electric Co Ltd
Hasbro Inc v 123 Nahrmittel GmbH
Dalgety Spillers Foods v Food Brokers Ltd
European Ltd v Economist Newspaper Ltd
esure Insurance Ltd v Direct Line Insurance Plc
Samuel Smith Old Brewery (Tadcaster) v Lee (t/a Cropton Brewery)
Jack Wills Ltd v House of Fraser (Stores) Ltd
British Sky Broadcasting Group Plc v Microsoft Corp
JW Spear & Sons Ltd v Zynga Inc
Upon successful completion of the accompanying quiz, you can claim CPD hours as indicated below. For details about accreditation, see our CPD Information page.
Legal solutions from Thomson Reuters deliver products and services to help you practise, support, create or enforce the law. Connect to the world’s leading source of professional legal content, expertise and technology.