In this case analysis, our Intellectual Property lawyers explain the Court of Appeal’s decision in easyGroup Ltd v Easyfundraising Ltd [2025], which partially upheld easyGroup’s appeal against a High Court ruling that had dismissed several trade mark infringement claims and revoked certain trade marks in whole or in part.
Background
easyGroup Ltd (Claimant) have developed and own a broad portfolio of ‘easy’ branded trademarks.
The Claimant brought a claim against easyfundraising Ltd (Defendant), a business that facilitates charitable donations via online websites, on the basis that they had infringed the trademark and also that the platform’s poor reputation might tarnish the “easy” brand.
The Defendant counterclaimed for revocation on the basis on non-use of some of the Claimant’s trademarks.
Initially, the High Court dismissed easyGroup’s claims of infringement, and the court partially upheld the Defendant's counterclaims for revocation of the following trademarks:
- EASYJET mark (restricting it to "retail services provided to airline passengers"); and
- wholly revoked the EASY.COM mark for lack of use.
The Appeal
On appeal, the Claimant relied on just four trade marks: the stylised "Easylife" mark and its word marks EASYLIFE, EASYJET and EASY.COM. The Claimant alleged that the Defendant had infringed those marks by using "easyfundraising", "easysearch", and "@easyuk".
It was argued by the Claimant that the High Court Judge had made four errors:
- First, that the variant signs altered the distinctive character of the “Easylife” stylised mark.
- Secondly, the partial revocation of the “Easylife” stylised mark and the EASYJET word mark.
- Thirdly, revoking the EASY.COM mark for non-use
- Fourthly, the finding that there was no likelihood of confusion and therefore, no infringement of the Claimant’s trade mark.
What Was Held?
The Court of Appeal found that the High Court judge had erred in revoking the EASYJET mark in part and the EASY.COM in its entirety. However, it was held that the High Court Judge had been correct to partially revoke the "Easylife" stylised mark.
The Appeal Judge held that the restriction of the EASYJET mark was wrong because EasyJet provided two sub-categories of retail services: those online and onboard an aircraft.
As such, it would be unlikely that an average consumer would think that retail services provided on board an aircraft were provided by the same as retail services in a shop.
The specification was amended to read "retail services connected with the sale of jewellery, watches, purses, wallets, pouches and handbags provided by means of an internet website or on board an aircraft".
The decision to revoke the EASY.COM mark for ‘non-use’ was set aside on appeal in circumstances where the Claimant provided an electronic mail service to customers under the “easy.com” sign.
It was decided that although this was a free service, it was considered ‘genuine use’ as receivers of the email would assume that they were receiving an email service and this was not purely promotional.
The Court of Appeal concluded that the difference in the services between the Claimant and the Defendant meant that there was no likelihood of confusion.
Key Takeaways
- Use of variant forms can still amount to genuine use.
- The test of genuine use is whether the use is sufficient to create or preserve a market share for the relevant goods or services under the trade mark, bearing in mind the nature of the goods or services and the fact that there is no de minimis
- The importance of precise drafting of trademark specifications, robust evidence of use of trademarks, and clear branding strategies.
Our Commercial Litigation team advises on trade mark protection and enforcement, including bringing and defending infringement claims. If your business or brand is facing similar challenges, please do get in touch with us today.
Contact Our Intellectual Property Team
Trade mark disputes can have significant commercial consequences if not handled correctly. Our Commercial Litigation team regularly advises businesses on protecting, enforcing and defending valuable trade mark rights. If you are concerned about trademark infringement or the strength of your existing registrations, please get in touch with our Intellectual Property Team today.
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Olivia O'Neil
Solicitor
Olivia O’Neil qualified into the team as a Solicitor in September 2024, following completion of her training contract with Myerson.
She has developed experience across a wide range of contentious matters, including high-value and complex breach of contract claims, shareholder and director disputes, trademark infringement and copyright disputes, professional negligence claims, commercial agency disputes and debt recovery matters. Olivia has experience across the County Court, High Court, Intellectual Property Enterprise Court, and Court of Appeal.
About Olivia O'Neil