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England and Wales Case Law

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Intellectual property

Easygroup Limited v Easyfeetstore OĂś & Ors

Trade mark infringement and passing off claims by easyGroup over Easyfeet signs failed; the court found no likely confusion, link, detriment or unfair advantage.

  • Trade mark infringement
  • Passing off
  • Enhanced distinctive character
  • Family of marks
  • Likelihood of confusion
  • Reputation under s.10(3)
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Intellectual property

easyGroup Limited v Premier Inn Hotels Limited

The High Court dismissed easyGroup’s trade mark claims over Premier Inn’s “Rest Easy” branding, finding no confusion, no unfair advantage, and no invalidity.

  • Trademark infringement
  • Distinctiveness
  • Reputation
  • Likelihood of confusion
  • Unfair advantage
  • Detriment
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Intellectual property

Abbott Diabetes Care Inc v Sinocare Inc & Ors

Abbott's 3D trade mark for its CGM sensor OBU was invalid for lack of acquired distinctiveness and because it consisted exclusively of a shape necessary to obtain a technical result. Even if valid, there was no likelihood of confusion or unfair advantage from Sinocare's use, and the honest practices defence would apply. Abbott's passing off claim also failed as the shape was not a badge of origin.

  • Trade mark infringement
  • Trade mark validity
  • Passing off
  • Acquired distinctiveness
  • Technical functionality exclusion
  • Likelihood of confusion
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Intellectual property [2025] EWCA Civ 5

Thatchers Cider Company Ltd v Aldi Stores Ltd

Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 January 2025)

The Court of Appeal held that Aldi’s cloudy lemon cider packaging infringed Thatchers’ registered trade mark under section 10(3) by taking unfair advantage of Thatchers’ reputation.

  • Trade mark infringement
  • Section 10(3) trade marks act 1994
  • Unfair advantage
  • Reputation of trade mark
  • Look-alike packaging
  • Passing off
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Intellectual property

Thatchers Cider Company Limited v Aldi Stores Limited

The Court of Appeal held that Aldi’s Taurus Cloudy Lemon Cider packaging infringed Thatchers’ registered trade mark under section 10(3) by taking unfair advantage of its reputation.

  • Trade mark infringement
  • Unfair advantage
  • Reputation
  • Transfer of image
  • Section 10(3) trade marks act 1994
  • Trade-mark-infringement
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Intellectual property

Thatchers Cider Company Limited v Aldi Stores Limited

The overall appearance of the Aldi Product (the Sign) is only similar to the Thatchers Trade Mark to a low degree. The dominant branding elements are dissimilar, and the similarities relate to descriptive or common decorative features. There is no likelihood of confusion for the average consumer, no unfair advantage or detriment to the Trade Mark’s reputation or distinctiveness, and no actionable misrepresentation. Accordingly, there is no infringement under section 10(2)(b) or 10(3) TMA, and no passing off.

  • Trade mark infringement
  • Section 10(2)(b) trade marks act 1994
  • Section 10(3) trade marks act 1994
  • Passing off
  • Likelihood of confusion
  • Reputation
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Intellectual property [2024] EWHC 2311 (Ch)

Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab

Foundation for the Protection of the Traditional Cheese of Cyprus Named Halloumi v Fontana Food Ab [2024] EWHC 2311 (Ch) (09 September 2024)

High Court trade mark appeal dismissed: HALLOUMI opposition to GRILLOUMI and GRILLOUMAKI failed on confusion and unfair advantage grounds.

  • Collective marks
  • Likelihood of confusion
  • Distinctiveness
  • Reputation
  • Unfair advantage
  • Proof of use
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Intellectual property law

easyGroup Limited v Beauty Perfectionists Limited & Ors

The defendants’ use of easyCOSMETIC (word and figurative signs) did not infringe the EASYJET marks under Articles 9(2)(b) or (c) because there was no likelihood of confusion or relevant link, especially given the descriptive nature of 'easy', the lack of evidence of actual confusion despite extensive parallel trading, and the absence of detriment or unfair advantage. The 001 mark was only genuinely used for in-flight retail services and should be partially revoked accordingly.

  • Trade mark infringement
  • Partial revocation for non-use
  • Likelihood of confusion
  • Family of marks
  • Genuine use
  • Unfair advantage
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Intellectual property

Marriott Worldwide Corporation v Delta Air Lines, Inc.

Trade mark appeal over DELTA registrations: the High Court upheld partial invalidation of Marriott’s mark and dismissed the appeal.

  • Trade mark invalidation
  • Likelihood of confusion
  • Unfair advantage
  • Co-existence agreement
  • Consent and due cause
  • Trade-mark-invalidation
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