“…The second case is Fine & Country Ltd v Okotoks Ltd [2013] EWCA Civ 672, [2014] FSR 11. That was a passing off case concerning estate agents. Lewison LJ, with whom Gloster and Lloyd LJJ agreed, said at [57]:…”
“…invited to make and did make. An appeal court must be especially cautious about interfering with value judgments of this kind: Fine & Country Ltd v Okotoks Ltd [2013] EWCA Civ 672, [2014] FSR 11 at [50]. Put another way, which parts of the impugned calipers amounted to a PSB was a question of fact, and an appeal court should not overturn…”
“…as applied the wrong legal test, but has applied the right legal test incorrectly to the facts: see Okotoks Ltd (formerly Spicerhaart Ltd) v Fine & Country Ltd [2013] EWCA Civ 672; [2014] F.S.R. 11 at [50] to [53].…”