Easygroup Ltd v Easy Fly Express Ltd & Anor

Easygroup Ltd v Easy Fly Express Ltd & Anor

easyGroup failed to establish a real prospect of success that the defendants' website or business was targeted at the UK/EU, and thus failed to justify service out of the jurisdiction. The application to set aside service out of jurisdiction was granted.

Parties
Claimant: EASYGROUP LIMITED; First Defendant: EASY FLY EXPRESS LIMITED; Second Defendant: SABER CHOWDHURY
Jurisdiction
England and Wales
Judgment Date
21 November 2018
Procedural Posture
Intellectual Property / Jurisdictional Challenge (application to Set Aside Service Out of Jurisdiction)
Outcome
Application granted; service out of jurisdiction set aside.
Legal Topics
Trade Mark Infringement, Passing Off, Jurisdiction, Service Out of Jurisdiction
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Jurisdiction Service Out of Jurisdiction

Case Brief

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Parties

EASYGROUP LIMITED

Claimant

EASY FLY EXPRESS LIMITED

First Defendant

SABER CHOWDHURY

Second Defendant

Procedural Posture

Intellectual Property / Jurisdictional Challenge (application to Set Aside Service Out of Jurisdiction)

Legal Issues

  1. 1 Whether the English court has jurisdiction over the defendants based in Bangladesh
  2. 2 Whether the claimant has a real prospect of success in establishing trade mark infringement or passing off due to targeting of the UK/EU
  3. 3 Whether the claim falls within the relevant jurisdictional gateways for service out of jurisdiction

Ratio Decidendi

easyGroup failed to establish a real prospect of success that the defendants' website or business was targeted at the UK/EU, and thus failed to justify service out of the jurisdiction. The application to set aside service out of jurisdiction was granted.

Court Disposition

Application granted; service out of jurisdiction set aside.

Orders

  • The defendants' application is allowed; the English court will not exercise jurisdiction over the claim.