Fage UK Ltd & Anor v Chobani UK Limited & Anor [2013] EWHC 298 (Ch) (29 January 2013)

Fage UK Ltd & Anor v Chobani UK Limited & Anor [2013] EWHC 298 (Ch) (29 January 2013)

Permission is granted for the survey and related expert evidence to be adduced at trial because the additional costs and time are not disproportionate, the trial is imminent, and the value of the evidence cannot be determined at this stage; the trial judge will determine its relevance and weight.

Citation
[2013] EWHC 298 (Ch)
Parties
First Claimant: FAGE UK LIMITED; Second Claimant/part 20 Defendant: FAGE DAIRY INDUSTRY S. A; First Defendant/part 20 Claimant: CHOBANI UK LIMITED; Second Defendant: CHOBANI INC
Jurisdiction
England and Wales
Judgment Date
29 January 2013
Procedural Posture
Passing Off / Interlocutory Application for Permission to Adduce Survey Evidence at Trial
Outcome
Application granted
Legal Topics
Passing Off, Admissibility of Survey Evidence, Costs, Expert Evidence
Intellectual Property Commercial Law Passing Off Admissibility of Survey Evidence Costs Expert Evidence

Case Brief

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Parties

FAGE UK LIMITED

First Claimant

FAGE DAIRY INDUSTRY S. A

Second Claimant/part 20 Defendant

CHOBANI UK LIMITED

First Defendant/part 20 Claimant

CHOBANI INC

Second Defendant

Procedural Posture

Passing Off / Interlocutory Application for Permission to Adduce Survey Evidence at Trial

Legal Issues

  1. 1 Whether the defendants should be permitted to adduce survey evidence and related expert evidence at trial in a passing off case

Ratio Decidendi

Permission is granted for the survey and related expert evidence to be adduced at trial because the additional costs and time are not disproportionate, the trial is imminent, and the value of the evidence cannot be determined at this stage; the trial judge will determine its relevance and weight.

Court Disposition

Application granted

Orders

  • Permission granted for the defendants to adduce the survey evidence and related expert evidence at trial.
  • Costs of adducing the evidence remain at the defendants' risk.