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The High Court held that Trek breached a trade mark co-existence agreement by selling TREK cycling shoes and insoles, and that Clarks also breached related restrictions.
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.
Source excerpt
easyGroup Ltd v Easy Live (Services) Ltd & Ors [2025] EWCA Civ 946 (24 July 2025)
The Court of Appeal partly allowed easyGroup’s appeal on one sign, but otherwise upheld the High Court: no broader infringement, and partial revocation stood.
easyGroup Ltd v easyfundraising Ltd & Ors [2025] EWCA Civ 1000 (24 July 2025)
The Court of Appeal rejected easyGroup’s infringement claims, upheld revocation of two marks for non-use, and allowed limited adjustment of the easyJet specification.
The Court of Appeal found infringement of easyGroup’s Easylife marks by EASY LIVE, upheld partial revocation for non-use, and otherwise dismissed the challenge.
Easygroup Ltd v Easy Live (Services) Ltd & Ors [2022] EWHC 3327 (Ch) (21 December 2022)
The High Court rejected Easygroup’s trade mark and passing off claims over Easy-branded auction services and partially revoked the marks for non-use.
GNAT and Company Ltd & Anor v West Lake East Ltd & Anor [2022] EWHC 319 (IPEC) (16 February 2022)
The court held that use of “China Tang” by a takeaway infringed a restaurant trade mark under s.10(2), but dismissed the reputation-based claim under s.10(3).
The High Court held that use of VAGISAN infringed the VAGISIL trade marks because the marks and goods were highly similar and likely to confuse consumers.
KGaA v Merck Sharp & Dohme Corp & Ors [2020] EWHC 1273 (Ch) (20 May 2020)
On remittal, the High Court further restricted Merck Global’s trade mark specifications and found infringing UK use of ‘Merck’ in targeted digital and related materials.
The High Court reconsidered remitted issues on trade mark revocation, UK trade mark use, and relief in the Merck dispute, granting declarations and tailored injunctions.
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