tag:blogger.com,1999:blog-5574479.post8989600236275580460..comments2024-03-28T09:05:22.006+00:00Comments on The IPKat: Dead -- or pining for the fjords? Zee survey is dead for sureVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-21307710079051599472014-01-28T12:46:02.929+00:002014-01-28T12:46:02.929+00:00On the facts of this case, I think a survey could ...On the facts of this case, I think a survey could well have provided real value, especially on the narrower / artificial group points which are key here. Zee Entertainment will now have to adduce significant evidence aimed at those points and at confusion. The case seems strong but of course, evidence needs to back it up. Abidanoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-187356070023106842014-01-28T10:28:38.532+00:002014-01-28T10:28:38.532+00:00Having considered the case, it does seem that surv...Having considered the case, it does seem that survey evidence may not be required.<br /><br />What they may wish to use is <br /><br />Evidence of the market awareness etc of ZeeBox<br />Evidence of the state of the market for online apps pertaining to media companies (ie a lot of major tv channels have apps and that they often alter the mark slightly to be appropriate to mobile/internet)<br />Meaning of the word BOX in relation to the goods/services of interest<br />Market use of "BOX" marks<br /><br />Statistics regarding the ability of the group to understand English - ie. there will be a proportion who do not have English as a first language<br /><br />The point is that absent actual confusion it is all speculation. Is it fair to speculate about the likelihood of non-english speakers to be confused? PERHAPS it is.. the judge can speculate on his own position, and counsel can argue whether or not the added elements make it more or less likely that confusion will occur.<br /><br />In the present case I cannot see that there is anything but one outcome to the proceedings if the defendant has aimed at software, entertainment services or other ancilliary goods or services to those of Zee TV<br />The iPuffinnoreply@blogger.com