Easygroup Ltd v Easy Live (Services) Limited & Ors
| Court | Chancery Division |
| Judge | Mr Nicholas |
| Neutral Citation | [2024] EWHC 2282 (Ch) |
| Date | 04 September 2024 |
| Year | 2024 |
| Counsel | Michael Edenborough Kc,Stephanie Wickenden,Chris Aikens |
Approved judgment for handing down EasyGroup v Easy Live Services
Neutral Citation Number: [2024] EWHC 2282 (Ch)
Claim No. IL-2022-000075
and IL-2023-000133
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY LIST (ChD)
SHORTER TRIALS SCHEME
Rolls Building
Fetter Lane
London
EC4A 1NL
Handed down by email
Date: 4 September 2024
Before :
MR NICHOLAS CADDICK K.C.
(sitting as a Deputy High Court Judge)
B E T W E E N:
EASYGROUP LTD
Claimant
and
(1) EASY LIVE (SERVICES) LIMITED
(2) ACHILLEAS PAVLOU ACHILLEOUS
(3) JONATHAN RICHARD DEAN BURNSIDE
Defendants
MICHAEL EDENBOROUGH KC and STEPHANIE WICKENDEN (instructed by Edwin Coe
LLP) for the Claimant
CHRIS AIKENS (instructed by Hansel Henson Limited) for the Defendants
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Hearing dates: 8th , 9th and 10th May 2024
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Approved judgment for handing down EasyGroup v Easy Live Services
JUDGMENT
Nicholas Caddick K.C. (sitting as a Deputy High Court Judge):
INTRODUCTION
1. This is a trade mark infringement action brought by the Claimant under s.10(2)(b) of the
Trade Marks Act 1994. It is brought against the First Defendant as the primary infringer and
against the First Defendant’s directors, the Second and Third Defendants, as joint tortfeasors.
For convenience, I will, in general, refer to the Defendants collectively.
2. The Claimant is part of the “Easy” group of companies controlled by Sir Stelios Haji-
Ioannou, who founded the well-known airline, easyJet. As appears from the facts of this case
and from other easyGroup cases included in the authorities bundles, the Claimant has brought
various actions against others who use the word “easy” as part of their trading name. The
present action is another such action.
3. The Defendants provide back-office software for use in the auctioneering trade. More
importantly, they also provide, via a website at “easyliveauction.com” (“the Defendants’
Website”), an online platform which allows auction houses to broadcast auctions to
customers and allows customers to bid on lots in those auctions in real time.
4. In the course of their business, the Defendants have used the following signs (the
“Defendants’ Signs”):
a. “EASY LIVE” and “EASY LIVE AUCTION” (and variations, such as “easy live”,
“Easy Live”, “EasyLiveAuction” and “EasyLiveAuction.com”);
b. “EASY LIVE (SERVICES) LTD” (the First Defendant’s corporate name); and
c. The stylised signs shown below, to which I will refer, respectively, as the “ Easy
Emphasised Logo” and the “Auction Emphasised logo”:
5. The First Defendant is also the proprietor of a UK trade mark (registration number 3372957,
effective from 5 February 2019) for the word marks “EASY LIVE AUCTION” and
“EASYLIVEAUCTION”, registered as a series for a range of goods and service in classes 9,
38 and 42 (the “Defendants’ Mark”).
6. This is the second action that the Claimant has brought against the Defendants. In its first
action, commenced in 2019, it succeeded on some points 1 but its claim that the Defendants’
use of the name “Easy Live Auction” was an infringement of various “easy” trade marks2 and
its claim to invalidate the Defendants’ Mark both failed.3 However, those failures do not
prevent it seeking similar relief in the present case which is based on different trade marks.
7. The trade marks now relied on by the Claimant (the “Easylife Marks”) feature the word
“easylife”. They are:
1 Its claims under s.10(3) and in passing off in relation to the Defendants’ historic use of figurative signs, neither of
which is relevant to the present action.
2 The marks relied on by EasyGroup in the first action included various word and stylised marks featuring the
words “EASYJET”, “EASYGROUP”, “EASYMONEY”, “easyProperty” and “EASY NETWORKS”.
3 The decisions of Sir Anthony Mann, and of the Court of Appeal in the first action are reported at [2022] EWHC
3327 (Ch) and at [2023] EWCA Civ 1508.
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Approved judgment for handing down EasyGroup v Easy Live Services
a. UK trade mark No.90 3367 695, shown below:
This stylised mark (the “Easylife Stylised Mark”) was registered with effect from 22
September 2003 in respect of services which are set out in more detail later in this
judgment including class 35 services for advertising and promotion and for the
bringing together of goods to enable them to be viewed and purchased by customers.
b. UK trade mark no.3 532 904. This is for the following word marks as a series:
“easylife” and “Easylife”
This word mark (the “Easylife Word Mark”) was registered with effect from 14
September 2020, in respect of services in class 35 including, inter alia, advertising
and marketing services and retail services, including on-line retailing and retailing
through the medium of broadcasting for a wide range of goods.
8. The Easylife Marks were previously owned by Easylife Holdings Limited (in the case of the
Easylife Stylised Mark) and its subsidiary Easylife Limited (in the case of the Easylife Word
Mark). Since around 2000, these companies (collectively as “Easylife”) have operated a
general merchandise catalogue retail business under the name “easylife”. They did so initially
by mail-order and, shortly thereafter, online. Since 2005, they have also provided a service
advertising third parties’ products by means of paper inserts placed within the Easylife
catalogues.
9. Like the Defendants, Easylife was also the target of an action brought by the Claimant. In
2017, it was sued by the Claimant for trade mark infringement and passing off, principally in
relation to its use of the words “easylife group”. That claim was dismissed by Chief ICC
Judge Briggs in July 2021.4 However, on 21 July 2022, after the Claimant had obtained
permission to appeal that decision, the Claimant and Easylife entered into a settlement
agreement whereby the Easylife Marks were assigned to the Claimant, but Easylife was
allowed to continue using them as a licensee of the Claimant.
10. Having acquired the Easylife Marks, the Claimant brought this new action against the
Defendants. Its claim is that the Defendants’ Signs are similar to the Easylife Marks and are
being used in relation to services that are identical or similar to those for which the Easylife
Marks are registered in circumstances where there exists a likelihood of confusion – an
infringement under s.10(2)(b) of the Trade Marks Act 1994. The Defendants deny
infringement (although they accept that, if the First Defendant is liable, then so too are the
Second and Third Defendants).
11. Both sides attack the other’s trade marks. The Claimant seeks a declaration that the
Defendants’ Mark is invalid by reason of the earlier Easylife Stylised Mark. Meanwhile, the
Defendants seek an order revoking the registration of the Easylife Stylised Mark on the basis
of non-use and a declaration that the Easylife Word Mark is invalid in view of the earlier
Defendants’ Mark and the goodwill the Defendants claim to have acquired in Defendants’
Signs by reason of their earlier trading.
THE WITNESSES
12. There was no reason to criticise any of the witnesses.
4 See [2021] EWHC 2150 (Ch).
3
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