Fage UK Ltd & Anor v Chobani UK Limited & Anor

Permission is granted for the survey evidence and consequential expert evidence to be adduced at trial, given the imminent trial, manageable costs, and absence of risk of overburdening the proceedings, leaving the trial judge to determine its relevance and weight.

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: Permission granted for survey and expert evidence to be adduced at trial.
Legal Topics: Passing Off, Survey Evidence, Admissibility of Evidence, Cost/benefit Analysis

Intellectual Property Civil Procedure Passing Off Survey Evidence Admissibility of Evidence Cost/benefit Analysis

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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 Whether survey evidence and expert evidence should be admitted at trial in a passing off case
2 Whether the value and reliability of the survey evidence justify its admission given costs and timing

Ratio Decidendi

Court Disposition

Permission granted for survey and expert evidence to be adduced at trial.

Orders

Survey evidence and expert evidence in support and criticism may be adduced at trial.
Trial judge to determine relevance and weight of evidence.