easyGroup Limited v easyfundraising Limited & Ors

easyGroup Limited v easyfundraising Limited & Ors

The Court of Appeal held that the judge erred in his evaluation of variant forms and partial revocation, allowing the appeal in part on revocation grounds, but found no likelihood of confusion or infringement regarding the Trade Marks, dismissing the appeal on infringement grounds.

Parties
Claimant/appellant: EASYGROUP LIMITED; First Defendant/respondent: EASYFUNDRAISING LIMITED; Second Defendant/respondent: THE SUPPORT GROUP (UK) LIMITED; Third Defendant/respondent: IAN WOODROFFE
Jurisdiction
England and Wales
Judgment Date
28 July 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part (revocation), dismissed in part (infringement).
Legal Topics
Trade Mark Infringement, Revocation for Non Use, Likelihood of Confusion, Partial Revocation, Genuine Use, Variant Forms, Advertising Services, Retail Services
Intellectual Property Commercial Law Trade Mark Infringement Revocation for Non Use Likelihood of Confusion Partial Revocation Genuine Use Variant Forms +2 more

Case Brief

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Parties

EASYGROUP LIMITED

Claimant/appellant

EASYFUNDRAISING LIMITED

First Defendant/respondent

THE SUPPORT GROUP (UK) LIMITED

Second Defendant/respondent

IAN WOODROFFE

Third Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether variant forms of the Easylife Stylised Mark altered its distinctive character
  2. 2 Whether partial revocation of trade mark specifications was justified
  3. 3 Whether genuine use of the easy.com mark was established

Ratio Decidendi

The Court of Appeal held that the judge erred in his evaluation of variant forms and partial revocation, allowing the appeal in part on revocation grounds, but found no likelihood of confusion or infringement regarding the Trade Marks, dismissing the appeal on infringement grounds.

Court Disposition

Appeal allowed in part (revocation), dismissed in part (infringement).

Orders

  • Permission to amend grounds of appeal granted.
  • Partial revocation of Easylife Stylised Mark specification upheld.