![CA-2024-002240 - [2025] EWCA Civ 946](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
Heading
ON APPEAL FROM THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INTELLECTUAL PROPERTY LIST (ChD)
Nicholas Caddick KC sitting as a Deputy High Court Judge
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE COULSON
LORD JUSTICE ARNOLD
and
LORD JUSTICE ZACAROLI
Between :
EASYGROUP LIMITED | Claimant/ Appellant |
- and - | |
(1) EASY LIVE (SERVICES) LIMITED (2) ACHILLEAS PAVLOU ACHILLEOUS (3) JONATHAN RICHARD DEAN BURNSIDE | Defendants/ Respondents |
Michael Edenborough KC and Thomas St Quintin (instructed by Edwin Coe LLP) for the Appellant
Chris Aikens (instructed by Hansel Henson Ltd) for the Respondents
Hearing date : 17 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 24 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Lord Justice Arnold:
- Heading
- Introduction
- The parties
- The Easylife Marks
- The Defendants’ Signs
- The Defendants’ Mark
- The issues in broad outline
- The legislative framework
- Assessment of the likelihood of confusion: basic principles
- Revocation for non-use: relevant principles
- Variant forms
- Partial revocation
- The average consumer
- Counterclaim for revocation of the Easylife Stylised Mark
- Claim for infringement: the Easylife Stylised Mark
- Claim for infringement: the Easylife Word Mark
- Standard of review on appeal
- Order of consideration
- The Defendants’ grounds of cross-appeal
- Cross-appeal ground 1: variant forms
- Cross-appeal ground 2: partial revocation
- easyGroup’s grounds of appeal
- The Defendants’ respondents’ notice
- Appeal ground 1: conceptual similarity
- Respondents’ notice grounds 1 and 2: comparison of services
- Appeal ground 2: enhanced distinctive character
- Respondents’ notice grounds 3 and 4: enhanced distinctive character
- Appeal ground 3: likelihood of confusion
- Re-assessment of likelihood of confusion
- Conclusions