The parties
The parties
easyGroup is a holding company established by Sir Stelios Haji-Ioannou in 2000 to be the owner and licensor of all intellectual property rights relating to the various “easy” businesses founded by Sir Stelios, the best-known of which is easyJet. Since 2000 those businesses have operated under licences granted by easyGroup.
The First Defendant (“EFL”) is a company founded in 2003 by the Third Defendant, Ian Woodroffe, which since November 2005 has operated a website at www.easyfundraising.org.uk. This is a platform for members of the public (“supporters”) to use which enables them to click through to various retailers’ websites and then buy goods or services from them. There are now thousands of retailers or other providers (“retailers” for short) who advertise on or participate in the platform, with links to their own websites. The supporters use the platform with the knowledge and intention that a small part of their total expenditure will then be remitted by each retailer to EFL (“the commission”), which in turn then passes on some of that commission to the charity or good cause that the supporter has registered on the platform as their chosen cause. EFL is not a registered charity or a not-for-profit organisation. Nor does it pass on all the commission to registered charities. It is a business and retains about 50% of the commissions paid by advertisers and the entirety of further income that it receives for advertisements on its website, or other promotional material. Nevertheless, from its inception until the end of 2023, EFL had been able to pass on donations of over £50 million to charities and other good causes.
The Second Defendant owns EFL. For the purposes of the appeal it is not necessary to distinguish between the Defendants.
- 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
![CA-2024-00277 - [2025] EWCA Civ 1000](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)