easyGroup Ltd v Easy Live (Services) Ltd & Ors (Rev1) [2023] EWCA Civ 1508 (20 December 2023)

easyGroup Ltd v Easy Live (Services) Ltd & Ors (Rev1) [2023] EWCA Civ 1508 (20 December 2023)

The Court of Appeal held that the judge erred in law in finding that easyGroup had not suffered actionable damage from the Defendants' misrepresentation, as loss of licensing income and undermining of the licensing business are sufficient heads of damage in passing off where the claimant has an established licensing business. The appeal was allowed to this extent. The declaration of non-infringement was upheld in principle but amended for precision.

Citation
[2023] EWCA Civ 1508
Parties
Claimant/appellant: EASYGROUP LIMITED; First Defendant/respondent: EASY LIVE (SERVICES) LIMITED; Second Defendant/respondent: ACHILLEAS PAVLOU ACHILLEOUS; Third Defendant/respondent: JONATHAN RICHARD DEAN BURNSIDE
Jurisdiction
England and Wales
Judgment Date
20 December 2023
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part
Legal Topics
Passing Off, Trade Mark Infringement, Licensing, Goodwill, Declaratory Relief
Intellectual Property Commercial Law Passing Off Trade Mark Infringement Licensing Goodwill Declaratory Relief

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Parties

EASYGROUP LIMITED

Claimant/appellant

EASY LIVE (SERVICES) LIMITED

First Defendant/respondent

ACHILLEAS PAVLOU ACHILLEOUS

Second Defendant/respondent

JONATHAN RICHARD DEAN BURNSIDE

Third Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the judge erred in dismissing easyGroup's claim for passing off for lack of damage
  2. 2 Whether the judge erred in granting a declaration of non-infringement in respect of certain signs and domain names
  3. 3 Whether easyGroup can claim damages for loss of licensing income as damage in passing off

Ratio Decidendi

The Court of Appeal held that the judge erred in law in finding that easyGroup had not suffered actionable damage from the Defendants' misrepresentation, as loss of licensing income and undermining of the licensing business are sufficient heads of damage in passing off where the claimant has an established licensing business. The appeal was allowed to this extent. The declaration of non-infringement was upheld in principle but amended for precision.

Court Disposition

Appeal allowed in part

Orders

  • Judge's finding of no damage in passing off set aside; passing off claim succeeds
  • Declaration of non-infringement amended for precision as specified in the judgment