CA-2024-002240 - [2025] EWCA Civ 946

It is convenient to begin by considering the Defendants’ cross-appeal on revocation before turning to easyGroup’s appeal on infringement. This is the order in which the judge dealt with the issues, and it is a logical order because the scope of the registration potentially affects the infringement analysis. For those reasons, this was the order adopted by the Defendants in their skeleton argument. Furthermore, although the cross-appeal would be unnecessary if the appeal were dismissed, it is not framed in the respondents’ notice or skeleton argument as a contingent cross-appeal. Finally, it is the cross-appeal that raises the inconsistency between the decisions in this case and in the easyfundraising case.