easyGroup Limited v Easy Live (Services) Limited & Ors

easyGroup Limited v Easy Live (Services) Limited & Ors

The Court of Appeal held that easyGroup had established all elements of passing off, including actionable damage by loss of licensing income, and that the judge erred in rejecting this head of damage. The declaration of non-infringement required clarification to ensure precision and avoid permitting infringing conduct.

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
11 October 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed in part
Legal Topics
Passing Off, Trade Mark Infringement, Licensing, Misrepresentation, Damages
Intellectual Property Commercial Law Passing Off Trade Mark Infringement Licensing Misrepresentation Damages

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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

Civil Appeal / 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 was correct to find misrepresentation by the Defendants
  3. 3 Whether easyGroup can claim damages based on loss of licensing income

Ratio Decidendi

The Court of Appeal held that easyGroup had established all elements of passing off, including actionable damage by loss of licensing income, and that the judge erred in rejecting this head of damage. The declaration of non-infringement required clarification to ensure precision and avoid permitting infringing conduct.

Court Disposition

Appeal allowed in part

Orders

  • The appeal is allowed to the extent that the passing off claim succeeds and the declaration of non-infringement is clarified as specified in the judgment.
  • The judge's order is varied to reflect that easyGroup is entitled to remedies for passing off and the declaration is limited to non-stylised, non-logo forms used before 13 October 2022.