Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2017] EWHC 3196 (Ch) (15 December 2017)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2017] EWHC 3196 (Ch) (15 December 2017)

The survey evidence is not so flawed or of such limited value as to justify refusing permission to adduce it. The potential difficulties with the surveys are not significant enough to establish that the evidence will not be of real value or that the cost is disproportionate. The application to admit the survey evidence is allowed.

Citation
[2017] EWHC 3196 (Ch)
Parties
Claimant: Glaxo Wellcome UK Limited (T/A Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited; Defendant: Sandoz International GmbH; Defendant: Aeropharm GmbH; Defendant: Hexal AG
Jurisdiction
England and Wales
Judgment Date
15 December 2017
Procedural Posture
Passing Off Application (interlocutory) / Application for Permission to Adduce Survey Evidence
Outcome
Application granted
Legal Topics
Passing Off, Trade Mark Law, Survey Evidence, Distinctiveness, Case Management
Intellectual Property Commercial Law Passing Off Trade Mark Law Survey Evidence Distinctiveness Case Management

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Parties

Glaxo Wellcome UK Limited (T/A Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Sandoz International GmbH

Defendant

Aeropharm GmbH

Defendant

Hexal AG

Defendant

Procedural Posture

Passing Off Application (interlocutory) / Application for Permission to Adduce Survey Evidence

Legal Issues

  1. 1 Whether to permit the claimants to adduce survey evidence in support of their passing off claim regarding the use of the colour purple on inhalers
  2. 2 Whether the survey evidence is of real value and its likely value justifies the cost

Ratio Decidendi

The survey evidence is not so flawed or of such limited value as to justify refusing permission to adduce it. The potential difficulties with the surveys are not significant enough to establish that the evidence will not be of real value or that the cost is disproportionate. The application to admit the survey evidence is allowed.

Court Disposition

Application granted

Orders

  • Permission granted to the claimants to adduce the survey evidence in these proceedings.
  • Parties to consider further case management to clarify evidence and witnesses.