Imperial Group Ltd v Philip Morris & Company Ltd (NERIT)

JurisdictionEngland & Wales
Judgment Date1984
CourtChancery Division
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105 cases
3 firm's commentaries
  • Nestlé's Two And Four-Finger Kit Kat Shape Marks Held To Be Invalid
    • Singapore
    • Mondaq Singapore
    • 16 February 2016
    ...distinctiveness. Chan J referred to an earlier decision where he summarised the guidelines set out in Imperial Group v Philip Morris ([1984] RPC 293) for determining the weight to be given for survey the interviewees in the survey must be selected so as to represent the relevant cross-secti......
  • Court Of Appeal Restricts The Use Of Witness Gathering Exercises In Trade Mark Infringement Cases
    • United Kingdom
    • Mondaq United Kingdom
    • 18 January 2013
    ...pilot survey; evidence that a further survey will comply with the Court's guidelines set out in Imperial Group plc v Philip Morris Ltd [1984] RPC 293 (the "Whitford Guidelines"). Essentially these ensure that there are no leading questions, the survey is statistically relevant and covers a ......
  • Use It Or Lose It: Non-Use Of A Registered Trademark In Malaysia
    • Malaysia
    • Mondaq Malaysia
    • 6 February 2023
    ...This distinction is clear, as held in the case of Hyundai Motor Company v Sun Yuen Rubber Manufacturing Co. Sdn Bhd [2017] 1 LNS. 8. [1984] RPC 293. 9. [2017] 5 CLJ 10. Section 46(2) of the TA 2019. 11. Section 46(3) of the TA 2019. 12. Section 46(5) of TA 2019. 13. Section 46(4) of the TA ......
5 books & journal articles
  • Intellectual Property Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2021, December 2021
    • 1 December 2021
    ...SpA v Sarika Connoisseur Cafe Pte Ltd [2011] SGHC 176 adopted from Whitford J's decision in Imperial Group Ltd v Philip Morris & Co [1984] RPC 293 (“the Whitford Guidelines”). The Whitford Guidelines includes elements such as: the interviewees in the survey must be selected so as to represe......
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013 be adduced, it will be necessary for it to conform to the criteria set out in the head note to Imperial Group plc v Philip Morris Ltd[1984] RPC 293: If a survey is to have validity (a) the interviewees must be selected so as to represent a relevant cross-section of the public, (b) the si......
  • Consumer Uncertainty in Trademark Law: an Experimental Investigation
    • United States
    • Emory University School of Law Emory Law Journal No. 72-3, 2023
    • Invalid date
    ...According to the "Whitford Guidelines" developed by Mr. Justice Whitford in Imperial Group plc & Another v. Philip Morris Ltd. & Another, [1984] RPC 293, a survey question must not "direct the person answering the question into a field of speculation upon which that person would never have ......
  • The Consumer as the Empirical Measure of Trade Mark Law
    • United Kingdom
    • Wiley The Modern Law Review No. 80-1, January 2017
    • 1 January 2017
    ...Interflora pilot survey was not representative, the reasoning makes clear that therules established in the case apply to all surveys.28 [1984] RPC 293.29 ibid, 302.30 n 7 above at [21]. The Guidelines have also been influential in such farflung jurisdictions asMalaysia and New Zealand: INTA Re......
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