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The Appeal - easyGroup Ltd v Easyfundraising Ltd

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  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...

Trade Marks and Passing Off - easyGroup Ltd v Easy Live (Services) Ltd

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Author Anthony Majanlahti   Licence CC BY 2.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lords Justices Lewison and Arnold and Lady Justice Falk)  easyGroup Ltd v Easy Live (Services) Ltd and others (Rev1) [2023] EWCA Civ 1508 (20 Dec 2023) This was an appeal by the claimant, easyGroup Ltd. ("easyGroup"), against the dismissal by Sir Anthony Mann of its claim for passing off against the defendants, Easy Live Services Ltd. and its shareholders and directors Achilleas Achilleous and Jonathan Burnside, for the reasons set out in Sir Anthony's judgment in  Easygroup Ltd v Easy Live (Services) Ltd and others [2022] EWHC 3327 (Ch) (21 Dec 2022).  easyGroup also appealed against a declaration that the defendants' use of certain signs did not infringe various trade marks owned by easyGroup.  The appeal came on before Lords Justices Lewison and Arnold and Lady Justice Falk on 13 Dec 2023.  By their judgment of 20 Dec 2023, they u...