Apps esoteric?

In a case involving trade mark infringement and passing off brought by a TV company running channels under the ZEE brand, against a developer who marketed an app for television viewers called Zeebox, the High Court has refused permission for the claimant to conduct a full survey to support the claim. The judge said that watching television was not an esoteric exercise, nor was the downloading of apps, and these were readily explicable to a judge. You may disagree!

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