EasyGroup Limited v Beauty Perfectionists Limited & Ors

The application to amend is refused because it constitutes a new and wider case, would cause prejudice to Defendants who cannot properly respond at this late stage, and no satisfactory explanation for the lateness has been provided.

Parties: Claimant: EasyGroup Limited; Defendants: Beauty Perfectionists Limited and Others
Jurisdiction: England and Wales
Judgment Date: 18 November 2024
Procedural Posture: Trademark Infringement Claim / Pre Trial Review; Application to Amend Response to RFI
Outcome: Application to amend response to RFI refused.
Legal Topics: Trademark Infringement, EU Regulation 2017/1001, Amendment of Pleadings, Disclosure, Reputation of Trademarks

Intellectual Property Civil Procedure Trademark Infringement EU Regulation 2017/1001 Amendment of Pleadings Disclosure Reputation of Trademarks

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Parties

EasyGroup Limited

Claimant

Beauty Perfectionists Limited and Others

Defendants

Procedural Posture

Trademark Infringement Claim / Pre Trial Review; Application to Amend Response to RFI

Legal Issues

1 Whether to permit further amendment to Claimant's response to RFI regarding reputation of trademark in retail services for cosmetics and fragrances
2 Whether the amendment constitutes a new case and causes prejudice to Defendants
3 Adequacy of explanation for lateness of amendment

Ratio Decidendi

Court Disposition

Application to amend response to RFI refused.

Orders

Permission granted for clarification of tax status of retail services in particulars of claim at paragraph 10.
Permission refused for insertion of new subparagraph regarding retail services connected to sale of cosmetics and fragrances.