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 High Court dismissed easyGroup’s trade mark claims over Premier Inn’s “Rest Easy” branding, finding no confusion, no unfair advantage, and no invalidity.
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.
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.
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.
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.
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.
The High Court dismissed Iconix's trade mark infringement claims over the DP logo. Miles J found only very faint similarity to Umbro's marks and no confusion or link.