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Showing posts with the label Passing off

Trade Marks and Passing off - easyGroup Ltd v Easyfeetstore

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) easyGroup Ltd v Easyfeetstore OU and others [2026] EWHC 767 (IPEC) (1 April 2026) His Honour Judge Hacon, who tried this claim, described it in para [1] of his judgment in  easyGroup Ltd v Easyfeetstore OU and others [2026] EWHC 767 (IPEC) (1 April 2026) as "the latest in a line of claims brought by the claimant ('easyGroup') against parties trading under a name which begins with the word 'easy'."  he added that the claim was for trade mark infringement and passing off. The Parties The claimant is the owner and licensor of all intellectual property rights relating to the various 'easy' businesses set up by Sir Stelios Haji-Ioannou, the best known of which is easyJet. The first defendant ('Easyfeetstore') is an Estonian company which sells orthopaedic and orthotic insoles and related accessories online in several territories including the United Kingdom.  The second defend...

Damages for Passing-off - Duadata Ltd v Tian Cha Le Ltd

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Tapioca Pearls Author Lars Plougmann   Licence CC BY-SA 2.0   Source Wikimedia   Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Duadata Ltd v Tian Cha Le Ltd . [2026] EWHC 1055 (IPEC) (8 May 2026) This was an inquiry as to damages for passing off.   The claimant operated a nationwide chain of bubble tea  shops and franchises under the Mooboo brand. Bubble tea is a beverage that contains small chewy tapioca balls and various flavourings of different kinds.  A company owned and operated by one Qin Lin held a Mooboo franchise for Gateshead between 8 April 2021 and 23 Jan 2024.  On 22 Aug 2023, Ms Lin incorporated the defendant which began to operate a bubble tea outlet in Gateshead adopting a similar menu design, products, drinks, recipes and prices to the claimant's.  The claimant sued the defendant for passing off on 24 May 2024. The Order The defendant did not defend the claim and the claimant obtained a default ...

Trade Marks and Passing Off - Dryrobe Ltd v Caesr Group Ltd.

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Jane Lambert Intellectual Property Enterprise Court  (HH Judge Melissa Clarke) Dryrobe Ltd v Caesr Group Ltd    [2025] EWHC 3167 (IPEC) (4 Dec 2025) This was an action for trade mark infringement and passing off and a counterclaim for revocation or, alternatively, invalidation of the trade marks in suit. Dryrobe The claimant was a private company incorporated with limited liability under the Companies Act 2006 , in the name of  Dryrobe Limited ("Dryrobe") , with  company number 08782079.  Dryrobe makes and sells outdoor clothing products under the brand name DRYROBE.  Its most popular product is the Dryrobe Advance changing robe shown in the above photograph. The Marks Dryrobe is the registered proprietor of the following British trade marks: Number Mark Filing Date Registration Date Goods UK00003001195 DRYROBE 9 Apr 2013 19 Jul 2013 Class 25 "Changing robes" "waterproof and windproof robes" "robes, gowns and capes of towelling material" "be...