Easygroup Limited v Easy Live (Services) Limited & Ors.

Easygroup Limited v Easy Live (Services) Limited & Ors.

The claimant's marks, except for 'data communications services' under the Easy Networks mark, were revoked for non-use. The defendants' use of Signs 2 and 3 took unfair advantage of the easyJet mark's reputation under section 10(3) of the Trade Marks Act 1994, as the sign was intentionally brought closer to the easyJet branding to create a link and benefit from its reputation. There was no infringement under section 10(2) due to lack of similarity of services, and the passing off claim failed for lack of damage.

Parties
Claimant: EasyGroup Limited; First Defendant: Easy Live (Services) Limited; Second Defendant: Achilleas Pavlou Achilleous; Third Defendant: Jonathan Richard Dean Burnside
Jurisdiction
England and Wales
Judgment Date
21 December 2022
Procedural Posture
Trade Mark and Passing Off Dispute / Judgment After Trial
Outcome
Claim allowed in part; counterclaim for revocation allowed in part
Legal Topics
Trade Mark Infringement, Passing Off, Revocation for Non Use, Unfair Advantage, Likelihood of Confusion
Intellectual Property Trade Marks Trade Mark Infringement Passing Off Revocation for Non Use Unfair Advantage Likelihood of Confusion

Case Brief

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Parties

EasyGroup Limited

Claimant

Easy Live (Services) Limited

First Defendant

Achilleas Pavlou Achilleous

Second Defendant

Jonathan Richard Dean Burnside

Third Defendant

Procedural Posture

Trade Mark and Passing Off Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants infringed the claimant's trade marks under section 10(2) and 10(3) of the Trade Marks Act 1994
  2. 2 Whether the claimant's marks should be revoked for non-use
  3. 3 Whether the defendants' use amounted to passing off

Ratio Decidendi

The claimant's marks, except for 'data communications services' under the Easy Networks mark, were revoked for non-use. The defendants' use of Signs 2 and 3 took unfair advantage of the easyJet mark's reputation under section 10(3) of the Trade Marks Act 1994, as the sign was intentionally brought closer to the easyJet branding to create a link and benefit from its reputation. There was no infringement under section 10(2) due to lack of similarity of services, and the passing off claim failed for lack of damage.

Court Disposition

Claim allowed in part; counterclaim for revocation allowed in part

Orders

  • Claimant's marks revoked for non-use except for 'data communications services' under Easy Networks mark
  • Defendants found to have infringed the easyJet mark under section 10(3) for the period of use of Signs 2 and 3