ZEE Entertainment Enterprises Ltd & Ors v Zeebox Ltd

ZEE Entertainment Enterprises Ltd & Ors v Zeebox Ltd

The court held that the proposed survey evidence was not likely to be of real value in resolving the issues in the passing off claim and that its value did not justify the substantial cost and increased trial length. The application to adduce survey evidence was therefore dismissed.

Parties
Claimant: Zee Entertainment Enterprises Limited; Claimant: Asia T.V. Limited; Claimant: Zee Multimedia Worldwide Limited; Defendant: Zeebox Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2013
Procedural Posture
Civil Intellectual Property / Interlocutory Application for Permission to Adduce Survey Evidence
Outcome
Application dismissed
Legal Topics
Trade Mark Infringement, Passing Off, Survey Evidence, Costs, Civil Procedure Rules
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Survey Evidence Costs Civil Procedure Rules

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Parties

Zee Entertainment Enterprises Limited

Claimant

Asia T.V. Limited

Claimant

Zee Multimedia Worldwide Limited

Claimant

Zeebox Limited

Defendant

Procedural Posture

Civil Intellectual Property / Interlocutory Application for Permission to Adduce Survey Evidence

Legal Issues

  1. 1 Whether permission should be granted to adduce survey evidence in a passing off and trade mark case
  2. 2 Whether the proposed survey evidence is likely to be of real value and whether its value justifies the cost

Ratio Decidendi

The court held that the proposed survey evidence was not likely to be of real value in resolving the issues in the passing off claim and that its value did not justify the substantial cost and increased trial length. The application to adduce survey evidence was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • Claimants' application for permission to adduce survey evidence is dismissed.