Case No. EWHC-941-(IPEC)

25.Shortly before Meetic SAS acquired Match’s European operations in 2009, it commissioned a company called TNS to carry out a Brand Monitoring Survey in relation to the Match brand in the UK. Thereafter, brand awareness or brand tracking reports were obtained annually, from TNS until July 2012 and thereafter from a company called IPSOS. 26.These reports evidence the “top of mind” awareness, spontaneous awareness and aided awareness of the Match brand at the relevant time on the basis of the responses provided by a sample group of some 1000-2000 people split on the bases of gender, race, age, revenue, profession and other demographics. As Mr Riviere explained:a.Top of mind (“TOM”) awareness is where a brand is the first brand mentioned by members of the sample group when they are asked to name a brand spontaneously and without being given a list of brands as a prompt. This, Mr Riviere explained, is an important metric as consumers tend to act on the basis of their TOM awareness when deciding where to look for goods or services; b.Spontaneous awareness is where a brand is one of those mentioned when members of the sample group are asked to name a brand spontaneously and without any list; andc.Aided awareness is where a brand is recognised by members of the sample group from a list of brands which they are shown.27.