Supreme Court of Canada doesn't like TM surveys

This short piece on SSRN, Emir Aly Crowne et al., Living Alavida Loca: A Masterpiece of a Decision, reports the court's position that it will ordinarily be all but impossible to replicate the reaction of the reasonable consumer with an imperfect memory in a hurry, so surveys should ordinarily not be admitted. The court also endorsed initial interest confusion, at least when the confusion is only remedied by further research (as opposed to being immediately dispelled).