CA-2024-00277 - [2025] EWCA Civ 1000

On the appeal easyGroup relies upon the four trade marks described below (“the Trade Marks”).

The first is UK Registered Trade Mark No. 903367695 consisting of the stylised mark shown below (“the Easylife Stylised Mark”, referred to by the judge as “the first easylife mark”) registered with effect from 22 September 2003 in respect of services in Classes 35 and 39.

The Class 39 services are not relied upon by easyGroup. The Class 35 services may be broken down as follows:

“(a)

Advertising services; promotion services; (b)(i) the bringing together, for the benefit of others, of a variety of goods, through a television shopping channel, enabling customers to conveniently view and purchase those goods by means of telecommunications; (b)(ii) the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods from a general merchandise catalogue by mail order or by means of telecommunications; (b)(iii) the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods from a general merchandise internet web site; (b)(iv) the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods in a wholesale outlet.”

The second is UK Registered Trade Mark No. 3532904 for the series of two compound words “easylife” and “Easylife” (“the Easylife Word Mark”, described by the judge as “the second easylife mark”) registered with effect from 14 September 2020 in respect of services in Class 35 including “advertising and marketing services” and “retail services including on-line retailing, retailing through the medium of broadcasting, retail services conducted by mail order, all connected with the sale of [a wide range of goods]”. (In describing this registration as being of word marks I have adopted the common approach of the parties, as did the judge, although the registration would be more accurately be described as being of a series of two minimally-stylised forms of the word EASYLIFE: one all lower case and the other lower case with an initial capital. On the other hand, no-one suggests that the difference between these forms is of any significance, and it is convenient to refer simply to “easylife”.)

The Easylife Stylised Mark and the Easylife Word Mark (collectively, “the Easylife Marks”) were previously owned by Easylife Holdings Ltd (in the case of the Easylife Stylised Mark) and its subsidiary Easylife Ltd (in the case of the Easylife Word Mark). Since around 2000, these companies (collectively “Easylife”) have operated a general merchandise catalogue retail business under the name “easylife”. They did so initially by mail order, and shortly thereafter online as well. Since 2005 they have also provided a service advertising third parties’ products by means of loose paper inserts placed within Easylife catalogues (“Easylife’s Insert Service”).

Like the Defendants, Easylife were also the target of a claim by easyGroup. That claim was dismissed: [2021] EWHC 2150 (Ch). On 21 July 2022, after easyGroup had obtained permission to appeal against that decision, easyGroup and Easylife entered into a settlement agreement whereby the Easylife Marks were assigned to easyGroup, but Easylife were allowed to continue using them as a licensee of easyGroup. In consequence, easyGroup’s witnesses at the trial of this claim included Robert Wise and James Oakenfold of Easylife and Chris Chrysostomou of a company called Direct Response Marketing Group Ltd which works with Easylife. These witnesses also gave evidence in the Easy Live (Services) case.

The third trade mark relied on by easyGroup is UK Registered Trade Mark No. 910584001 for the word EASYJET (“the second easyJet mark”) registered with effect from 24 January 2012 in respect of (following earlier restrictions) services in Classes 35, 39 and 43. The Class 35 services are “retail services connected with the sale of jewelry [sic], watches, purses, wallets, pouches and handbags; games; inflight retail services connected with the sale of food and drink, preparations and substances for use in the care and appearance of the hair, lips, face, skin, nails and eyes, cosmetics, perfumes, fragrances, colognes and scents, sunscreening and tanning preparations, sunglasses”. On the appeal easyGroup did not rely upon the “inflight” services.

The fourth trade mark relied on by easyGroup is UK Registered Trade Mark No. 2247942 for the word “easy.com” (“the easy.com mark”) registered with effect from 6 October 2000 in respect of “electronic mail services” in Class 38. (My comment about the nature of the Easylife Word Mark also applies to the easy.com mark.)