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ARTICLE · 28 NOVEMBER 2024

No Easy Victory For EasyGroup In Second Trade Mark Action Against Easy Live (Services)

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The UK High Court ruled against easyGroup in its trademark infringement and invalidation case against Easy Live, emphasizing insufficient consumer confusion and limiting easyGroup's monopoly over "easy" marks.

United KingdomIntellectual Property
Jennifer Bryant
Jennifer Bryant
Kishen Karia
Kishen Karia

easyGroup Limited lost its claim of trade mark infringement and invalidity against Easy Live (Services) Limited in a High Court decision handed down on 4 September 2024 (easyGroup v Easy Live (Services) [2024] EWHC 2282 (Ch)).

Background

easyGroup Limited ("easyGroup") claimed the defendants' ("Easy Live") use of EASY LIVE and EASY LIVE AUCTION related signs infringed its "Easylife" trade marks under s10(2)(b) of the Trade Marks Act 1994 ("TMA"), i.e. a similar mark used in relation to identical or similar goods or services, with a likelihood of confusion on the part of the relevant public.

It may be recalled that easyGroup had previously brought an action against Easy Live for its use of the same signs. The Court of Appeal's decision on that action was handed down in December 2023, and Easy Live was held to have infringed easyGroup's trade marks under s10(3) TMA and to be liable for passing off (see our blog on this here: Court of Appeal rules that easyGroup

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