Easygroup Ltd v Easy Fly Express Ltd & Anor [2018] EWHC 3155 (Ch) (21 November 2018 )

Easygroup Ltd v Easy Fly Express Ltd & Anor [2018] EWHC 3155 (Ch) (21 November 2018 )

easyGroup failed to establish a real prospect of success that the defendants' website or activities were targeted at UK or EU consumers; mere accessibility and general references to Europe were insufficient for jurisdiction.

Source-derived case information.

Citation
[2018] EWHC 3155 (Ch)
Parties
Claimant: EASYGROUP LIMITED; First Defendant: EASY FLY EXPRESS LIMITED; Second Defendant: SABER CHOWDHURY
Jurisdiction
England and Wales
Procedural Posture
Jurisdictional Challenge in Intellectual Property Claim / Application to Set Aside Permission to Serve Out of Jurisdiction
Outcome
Application granted; permission to serve out of jurisdiction set aside.
Legal Topics
Trade Mark Infringement, Passing Off, Jurisdiction, Service Out of Jurisdiction, Targeting in Trade Mark Law
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Jurisdiction Service Out of Jurisdiction Targeting in Trade Mark Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

EASYGROUP LIMITED

Claimant

EASY FLY EXPRESS LIMITED

First Defendant

SABER CHOWDHURY

Second Defendant

Procedural Posture

Jurisdictional Challenge in Intellectual Property Claim / Application to Set Aside Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the defendants based in Bangladesh for alleged trade mark infringement and passing off
  2. 2 Whether the defendants' activities were targeted at the UK or EU so as to constitute actionable use under UK/EU trade mark law

Ratio Decidendi

easyGroup failed to establish a real prospect of success that the defendants' website or activities were targeted at UK or EU consumers; mere accessibility and general references to Europe were insufficient for jurisdiction.

Court Disposition

Application granted; permission to serve out of jurisdiction set aside.

Orders

  • Permission to serve the claim form and particulars of claim out of the jurisdiction on the defendants is set aside.