easyGroup Limited v Easylife Limited & or [2021] EWHC 2150 (Ch)
easyGroup is the owner of the easyJet trade mark and a large number of other trade mark registrations containing the word ‘easy’. It regularly brings trade mark infringement and passing off claims against parties who trade under names including the word ‘easy’, in some cases having done so for many years without any complaint. This case was a paradigm example: the Defendants had been operating a catalogue and online retail business in the UK since 2000 under the name ‘easylife’, and from 2004 the online business had been operated from the domain easylifegroup.com.
easyGroup claimed infringement of four registered trade marks: easyJet, easyGroup, easyLand and easy4men. It was alleged that there was a likelihood of confusion between each of those marks and the signs ‘easylife group’, ‘easylifegroup.com’ and three other signs used by the Defendants in relation to cleaning products. It was also alleged that the use of those signs took unfair advantage of and caused detriment to the distinctive character and repute of the easyJet and easyGroup marks. easyGroup further claimed passing off. The Defendants denied infringement and passing off, and relied on the defences of honest concurrent use and use of the First Defendant’s own name. They counterclaimed for revocation of all of easyGroup’s marks for non-use.
Chief ICC Judge Briggs found for the Defendants on all issues. The court partially revoked the easyJet and easyGroup marks (the latter having been conceded by easyGroup in closing submissions), and revoked the easyLand and easy4men marks in relation to all of the goods and services relied on. The infringement and passing off claims were all dismissed. Crucial to the court’s reasoning was that the word “easy” is a descriptive word and is therefore not distinctive.
The case was also notable for the fact that the Defendants called five consumer witnesses who gave evidence that they had not been confused in spite of having referred to the Defendants in an email or customer review as ‘easygroup’ or ‘easy group’.
Chris Aikens appeared as sole counsel for the successful Defendants.