Survey allowed as evidence

Survey evidence has been allowed in a trade mark and passing off case involving the television channels History and Discovery History. The right course would be not to bar the survey at the interim stage, but to allow it and then to have a more informed argument at the trial. The judge allowed the claimants to carry out the survey, rejecting the defendant’s proposed amendments but accepted the defendant’s criticism that the proposed use of trainee solicitors to conduct the survey would make it over-expensive.

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