The judge’s judgment
The judge’s judgment
So far as relevant to the issues on the appeals, the judge’s findings and assessments may be summarised as follows. The order adopted in this summary reflects the order of the grounds of appeal. It should be explained that, when it came to infringement pursuant to section 10(2), the judge grouped easyGroup’s allegations by reference to the relevant dates of assessment: November 2005/May 2007, September 2009, September 2015 and June 2022. I shall not follow that approach. This is not because there was anything wrong with it, but because easyGroup’s case on appeal is more limited as explained above and because neither side suggested that the differences in the dates were material to the issues on the appeal. Partly due to his chronological approach, the judge also addressed the infringement allegations concerning @easyuk separately from the other Defendants’ Signs. In this respect I shall follow the judge’s example.
- 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
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