![CA-2024-00277 - [2025] EWCA Civ 1000](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png){kind=logo}
The average consumer
The average consumer
It is common ground that, so far as use of the Defendants’ platform by supporters is concerned, the average consumer is an ordinary member of the public who will pay an average level of attention. The judge found at [56] that:
“… no supporter who was at least reasonably attentive to what they were doing could have the impression, once they had clicked through to a chosen retailer’s website, that they were still on the easyfundraising platform or were transacting a purchase with easyfundraising, or indeed with anyone other than the chosen retailer whose website they had chosen to visit.”
It is also common ground that representatives of the retailers and advertisers who use the platform are business users who would pay a greater degree of attention than ordinary members of the public.
- Heading
- Introduction
- The parties
- The Trade Marks
- The Defendants’ Signs
- The issues in broad outline
- The legislative framework
- Assessment of the likelihood of confusion: basic principles
- Revocation for non-use: relevant principles
- Genuine use
- Variant forms
- Partial revocation
- The judge’s judgment
- The average consumer
- Revocation of the Easylife Stylised Mark
- Partial revocation of the second easyJet mark
- Revocation of the easy.com mark
- Infringement of the Easylife Word Mark
- Infringement of the Easylife Stylised Mark
- Infringement of the second easyJet mark
- Infringement by use of the @easyuk sign
- Infringement of the easy.com mark
- Standard of review on appeal
- easyGroup’s grounds of appeal
- The Defendants’ respondents’ notice
- Appeal ground 1: variant forms of the Easylife Stylised Mark
- Appeal ground 2 and respondents’ notice ground 1: partial revocation of the Easylife Stylised Mark
- Appeal ground 3 and the cross-appeal: partial revocation of the second easyJet mark
- Appeal ground 4 and respondents’ notice ground 2: genuine use of the easy.com mark
- Appeal ground 5 and respondents’ notice ground 3: infringement of the Easylife Word Mark
- Appeal ground 6 and respondents’ notice ground 4: infringement of the Easylife Stylised Mark
- Appeal ground 7 and respondents’ notice ground 5: infringement of the second easyJet mark
- Appeal ground 8 and respondents’ notice ground 6: infringement of the easy.com mark
- Conclusions