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England and Wales decisions
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Trade mark infringement and passing off claims by easyGroup over Easyfeet signs failed; the court found no likely confusion, link, detriment or unfair advantage.
The Court of Appeal held that the judge erred in finding that the placement of the roundel in the First ATHLECIA Combination precluded infringement of the ATHLETA Combination Mark, as the difference was not material to the likelihood of confusion. The court also found the judge's conclusion that there was no goodwill in the ATHLETA Dark Pinwheel insupportable, given the evidence of its use in John Lewis stores. Accordingly, the appeal was allowed to the extent of finding infringement and passing off by use of both the First and Second ATHLECIA Combinations. The remainder of the appeal was dis…
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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.
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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 held the trade mark had expired and was not validly renewed, that NHBCL lacked standing, and that goodwill was not proved. Copyright subsisted, but no infringement was found.
The costs of the withdrawn strike out application should be reserved until after trial, as any finding on costs now would risk pre-empting arguments on the substantive abuse of process issue, which may be raised in the Defence. With Wise may pursue its claim for off-scale costs after trial.
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With Wise Ltd v Wise Payments Ltd (Formerly TransferWise Ltd) [2025] EWHC 1809 (IPEC) (17 July 2025)
The court reserved costs on an abandoned strike-out application, holding that any immediate ruling risked pre-empting trial issues in the related trade mark dispute.
Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) (21 May 2025)
The High Court granted an interim injunction restraining further trade mark threats against SKE’s distributors and retailers, subject to the TMA exceptions and permitted communications.
Nissin Foods Holdings Co Ltd v MomoIP LLC [2025] EWHC 561 (Ch) (12 March 2025)
The High Court allowed Nissin’s appeal, holding that MomoIP had not shown genuine UK use of the MOMOFUKU mark for restaurant services in the relevant period.
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