Where in a claim for passing off, evidence from a consumer survey was to be required, it was incumbent on the parties to ensure that such a survey was carried out well in advance to make sure that it was available for the trial. An expert’s skills in brand management did not make him an expert in consumer confusion. Esure’s appeal was rejected.
Lady Justice Arden, Lord Justice Jacob and Lord Justice Maurice Kay
England and Wales
Appeal from – Esure Insurance Ltd v Direct Line Insurance Plc ChD 29-Jun-2007
Both companies sold motor insurance products at a distance and used as logos and symbols either a telephone or a computer mouse, in each case on wheels. Direct line claimed the use of the mouse by esure infringed its own trademarks, and resisted . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 26 May 2022; Ref: scu.276514