Interflora v M&S: are the days of survey evidence over?

The Court of Appeal of Englandand Wales has handed downjudgment in Interflora Inc vMarks & Spencer PLC ([2013]EWCA Civ 319). This decision– the second judgment ofthe court in this case on theadmissibility of evidencefrom witnesses identifiedthrough surveys – seems tomake it even harder to adducesurvey evidence in trademarkinfringement cases.