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Trade mark – Infringement. The proceedings concerned alleged infringement and passing off of the claimant's Community trade marks. The claimant sought permission to carry out a survey and adduce the results as evidence of passing off. The Chancery Division dismissed the application, holding that, among other things, there was nothing in the present case such as would tend to suggest that the trial judge was likely to need, or derive assistance from the admission of, the results of the survey.
Trade mark – Infringement. The proceedings concerned alleged infringement and passing off of the claimant's Community trade marks. The claimant sought permission to carry out a survey and adduce the results as evidence of passing off. The Chancery Division dismissed the application, holding that, among other things, there was nothing in the present case such as would tend to suggest that the trial judge was likely to need, or derive assistance from the admission of, the results of the survey.
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