Easygroup Ltd v Empresa Aerea De Servicios Y Facilitation Logistica Integral SA (Easyfly SA) & Anor [2020] EWHC 40 (Ch) (14 January 2020)

Easygroup Ltd v Empresa Aerea De Servicios Y Facilitation Logistica Integral SA (Easyfly SA) & Anor [2020] EWHC 40 (Ch) (14 January 2020)

There is a serious issue to be tried as to whether the Defendants' acts—including website operation, ticketing, marketing emails, press releases, and aircraft branding—constitute use of the EASYFLY sign in the course of trade in the UK/EU, are targeted at UK/EU consumers, and thus infringe easyGroup's trade marks. The English court has jurisdiction under the relevant gateways and EU Trade Mark Regulation, and the claims are not defeated by the fact that services are supplied in Colombia. The applications to set aside service, strike out, or transfer are refused; the application for joinder of ATR is adjourned for further consideration.

Citation
[2020] EWHC 40 (Ch)
Parties
Claimant: EASYGROUP LIMITED; 1st Defendant: EMPRESA AÉREA DE SERVICIOS Y FACILITATIÓN LOGÍSTICA INTEGRAL S. A. – EASYFLY S. A.; 2nd Defendant: MR ALFONSO ÁVILA VELANDIA; Proposed 3rd Defendant: GIE AVIONS DE TRANSPORT RÉGIONAL trading as ATR AIRCRAFT
Jurisdiction
England and Wales
Judgment Date
14 January 2020
Procedural Posture
Interlocutory Applications in Intellectual Property Litigation / Jurisdictional Challenge and Applications to Set Aside Service, Strike Out, Transfer, and for Joinder
Outcome
Applications by Defendants to set aside service, strike out, or transfer refused; application to join ATR adjourned.
Legal Topics
Trade Mark Infringement, Passing Off, Jurisdiction, Service Out of Jurisdiction, Conspiracy to Use Unlawful Means, Interlocutory Relief
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Jurisdiction Service Out of Jurisdiction Conspiracy to Use Unlawful Means Interlocutory Relief

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Parties

EASYGROUP LIMITED

Claimant

EMPRESA AÉREA DE SERVICIOS Y FACILITATIÓN LOGÍSTICA INTEGRAL S. A. – EASYFLY S. A.

1st Defendant

MR ALFONSO ÁVILA VELANDIA

2nd Defendant

GIE AVIONS DE TRANSPORT RÉGIONAL trading as ATR AIRCRAFT

Proposed 3rd Defendant

Procedural Posture

Interlocutory Applications in Intellectual Property Litigation / Jurisdictional Challenge and Applications to Set Aside Service, Strike Out, Transfer, and for Joinder

Legal Issues

  1. 1 Whether the English court has jurisdiction over foreign defendants for alleged UK/EU trade mark infringement, passing off, and conspiracy
  2. 2 Whether acts complained of constitute use in the course of trade in the UK/EU
  3. 3 Whether the website, marketing, ticketing, press release, and aircraft branding are targeted at the UK/EU

Ratio Decidendi

There is a serious issue to be tried as to whether the Defendants' acts—including website operation, ticketing, marketing emails, press releases, and aircraft branding—constitute use of the EASYFLY sign in the course of trade in the UK/EU, are targeted at UK/EU consumers, and thus infringe easyGroup's trade marks. The English court has jurisdiction under the relevant gateways and EU Trade Mark Regulation, and the claims are not defeated by the fact that services are supplied in Colombia. The applications to set aside service, strike out, or transfer are refused; the application for joinder of ATR is adjourned for further consideration.

Court Disposition

Applications by Defendants to set aside service, strike out, or transfer refused; application to join ATR adjourned.

Orders

  • Permission to serve out of jurisdiction upheld.
  • Strike out and transfer applications dismissed.