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Showing posts with the label genuine use

Trade Marks - easyGroup v Jaybank Leisure

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  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) easyGroup Ltd v Jaybank Leisure Ltd [2025] EWHC 3077 (IPEC) (21 Nov 2025) This was a claim for trade mark infringement.   easyGroup was the registered proprietor  of UK trade mark UK00002349891 , an image of which appears above. The mark was registered for goods and services in several classes, including "[r]ental and hire of… motorised vehicles, non-motorised vehicles… and means of transport; advisory and information services relating to the aforesaid services; information services relating to transportation services, including information services provided on-line from a computer database or the Internet." easyGroup Ltd ("easyGroup") complained that Jaybank Leisure Ltd ("Jaybank") had infringed its trade mark by supplying vehicle rental and sales services under the EASIHIRE sign. Jaybank denied infringement and alleged non-use of the mark by easyGroup.  The action came on for trial ...

Trade Marks - Alice Ltd v Photogram Ltd and others

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Author  John Tenniel  Source Alice in Wonderland .  Penguin Books Licence Copyright expired Jane Lambert Intellectual Property Enterprise Court (Her Honor Judge Melissa Clarke  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) (17 Dec 2024) This was an action for the infringement of UK trade mark UK00003362772 and a counterclaim for the revocation of the mark under s.46 (1) of the Trade Marks Act 1994.  The mark was the word ALICE registered for goods in class 9 and services in class 37.  Infringement was admitted subject to the validity of the registration.  The case turned on whether the mark had been put to genuine use in the first 5 years after registration or at any time since.  The action and counterclaim came on before Her Honour Judge Melissa Clarke on 24 Oct 2024. By para [101] of her judgment in  Alice Ltd v Photogram Ltd and other s [2024] EWHC 3256 (IPEC) which she handed down on 17 Dec 2024, the learned judge dismiss...

Trade Marks - easyGroup Ltd. v Beauty Perfectionists Ltd. and Others

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  Jane Lambert Chancery Division (Mrs Justice Bacon) easyGroup Ltd v Beauty Perfectionists Ltd and other s [2024] EWHC 1441 (Ch) (13 June 2024) This was an action for trade mark infringement and a counterclaim for partial revocation of one of the claimant's marks. The proceedings began on 5 March 2020 after the UK had left the EU but while EU law continued to apply in the UK in accordance with art 127 (1) of the agreement for the withdrawal of the UK from the EU . The action and counterclaim came on for trial before Mrs Justice Bacon sitting as an EU trade marks court between 13 and 15 and 19 and 20 March and 11 June 2024. She handed down her judgment on 13 June 2024 (see  easyGroup Ltd v Beauty Perfectionists Ltd and others [2024] EWHC 1441 (Ch)). By para [173] of her judgment, she held that the defendants' signs did not infringe under art 9 (2) (b) or (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade...