Interflora Inc & Anor v Marks and Spencer Plc & Anor

Interflora Inc & Anor v Marks and Spencer Plc & Anor

Permission was granted because the evidence from the 13 witnesses, though not statistically representative, is evidence of actual confusion in the real world, has been obtained transparently, and is likely to be of some value in assisting the court to answer the relevant legal question. The value of the evidence justifies the costs involved given the scale of the litigation and sums at stake.

Parties
Claimant: Interflora, Inc.; Claimant: Interflora British Unit; Defendant: Marks and Spencer PLC; Defendant: Flowers Direct Online Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2013
Procedural Posture
Civil / Interlocutory Application for Permission to Adduce Evidence
Outcome
Permission granted to adduce evidence of 13 witnesses.
Legal Topics
Trade Mark Infringement, Evidence, Consumer Surveys, Likelihood of Confusion
Intellectual Property Civil Procedure Trade Mark Infringement Evidence Consumer Surveys Likelihood of Confusion

Case Brief

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Parties

Interflora, Inc.

Claimant

Interflora British Unit

Claimant

Marks and Spencer PLC

Defendant

Flowers Direct Online Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Permission to Adduce Evidence

Legal Issues

  1. 1 Whether permission should be granted to adduce evidence from 13 witnesses identified via customer surveys
  2. 2 Whether such evidence is valuable and justifies the costs involved

Ratio Decidendi

Permission was granted because the evidence from the 13 witnesses, though not statistically representative, is evidence of actual confusion in the real world, has been obtained transparently, and is likely to be of some value in assisting the court to answer the relevant legal question. The value of the evidence justifies the costs involved given the scale of the litigation and sums at stake.

Court Disposition

Permission granted to adduce evidence of 13 witnesses.

Orders

  • Interflora is permitted to adduce the evidence of the 13 witnesses at trial.