NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Coulson, Arnold and Zacaroli) easyGroup Ltd v Easy Live (Services) Ltd and others [2025] EWCA Civ 946 (24 July 2025) This was an appeal by easyGroup Ltd ("easyGroup")  against the order of Mr Nicolas Caddick KC of 17 Sept 2024 dismissing that company's claims for trade mark infringement and a declaration of invalidity against Easy Live (Services) Ltd. ("ELS") for the reasons set out in his judgment in easyGroup Ltd v Easy Live (Services) Ltd and others [2024] EWHC 2282 (Ch) (4 Sept 2024).  There was also a cross-appeal against Mr Caddick's dismissal of ELS's counterclaim for revocation of one of the claimant's trade marks for non-use.  I discussed Mr Caddick's judgment in  Trade Marks - easyGroup Ltd v Easy Live (Services) Ltd .  on 10 Sept 2024.   The Variant Forms Issue One of Lord Justice Arnold's reasons for permitting both the appeal and cross-appeal was that Mr Caddick's conclusion o...

  Jane Lambert Court of Appeal (Lord Justices Coulson, Arnold and Zacaroli)   easyGroup Ltd v Easyfundraising Ltd and others [2025] EWCA Civ 1000 (24 July 2025) This note should be read in conjunction with  Trade Marks and Passing off - easyGroup Ltd v Easyfundraising Ltd  which I published on 23 Sep 2024 in  NIPC Law .  In that note, I discussed Mr Justice Fancourt's judgment in  easyGroup Ltd v Easyfundraising Ltd and others  [2024] EWHC 2323 (Ch) (11 Sep 2024).  In the ante-penultimate paragraph, I noted that Mr Justice Fancourt's judgment had raised an issue over "variant forms" within the meaning of  s.46 (2)  of the Trade Marks Act 1994 that had to be resolved by the Court of Appeal.  The Variant Forms Issue I anticipated an appeal because the same issue had arisen in easyGroup Ltd v Easy Live (Services) Ltd and others [2024] EWHC 2282 (Ch) (4 Sept 2024), which I blogged in Trade Marks - easyGroup Ltd v Easy Live (Serv...

  Jane Lambert Chancery Division (Mr Justic Fancourt)  easyGroup Ltd v Easyfundraising Ltd and others [2024] EWHC 2323 (Ch) (11 Sept 2024) This was a number of claims and counterclaims between the claimant,  easyGroup Ltd   ("easyGroup"), and the defendants, Easyfundraising Ltd , ("EFL"), The Support Group (UK) Ltd., Ian Woodroffe ("Mr Woodroffe") and Palatine Private Equity Ltd ("Palatine"). The claims were for trade mark infringement and passing off. The counterclaims were for revocation and invalidity of easyGroup's marks. The Parties easyGroup administers or licenses the use of trade marks consisting of the adjective word "easy" which is usually in lowercase letters followed by the description of a business activity beginning with a capital letter as in easyJet, easy easyHotel or easyRentacar.  easyGroup owns and manages a large number of those marks which are used by its associate companies. EFL describes itself as "the U...