Posts

Showing posts with the label confusion

Trade Marks - Flowerbx Ltd v Flowers Box London Ltd

Image
The Rolls Building, Royal Courts of Justice Author:  Muhammad Karns Licence:  CC BY-SA 4.0   Source:  Wikimedia Commons J ane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels)  Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) (7 Sept 2026) This was an action for infringement under s.10 (2) and s.10 (3) of the Trade Marks Act 1994 and a counterclaim for invalidity under s.47 (1)  and/or revocation under s.46 (1) .  The trade mark in suit was UK trade mark no. 3,223,726 , for the word mark FLOWERBX.  The allegedly infringing signs included FLOWERSBOX, FLOWERS BOX and FLOWERS BOX LONDON in various formats. The action and counterclaim came on before Recorder Amanda Michaels, sitting as a judge of the High Court on 16 and 17 July 2026.  By her judgment in Flowerbx Ltd v Flowers Box London Ltd [2026] EWHC 2233 (IPEC) which she handed down on 7 Sept 2026, the learned recorder found for the claimant on the ...

Trade Marks and Passing off - easyGroup Ltd v Easyfeetstore

Image
  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...

Trade Marks - easyGroup Ltd v Premier Inn Hotels Ltd

Image
Premier Inn at Salford Author Peter McDermott   Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Chancery Division (Lance Ashworth KC)  easyGroup Ltd v Premier Inn Hotels Ltd [2025] EWHC 2229 (Ch) (29 Aug 2025) This was a claim for trade mark infringemen t under s.10 (2) and (3) of the Trade Marks Act 1994 and a counterclaim for two of the claimant's marks to be declared invalid under s.47  of the Act.  The action and counterclaim came before Mr Lance Ashworth KC sitting as a deputy judge of the High Court.  The learned deputy judge tried the action between 1 and 8 April 20'25.   The defendant did not press its counterclaim at first instance in view of the Court of Appeal's judgment in Comic Enterprises Limited v. Twentieth Century Fox Film Corporation [2016] EWCA Civ 455, but reserved the right to do so on appeal.  Mr Ashworth delivered his judgment in  easyGroup Ltd v Premier Inn Hotels Ltd  [2025] EWHC 2229 ...