Jurisdiction(s):
United Kingdom

EasyGroup v Easyfundraising [2024] EWHC 2323 (Ch): family of 'easy' marks recognised but infringement and passing off claims fail; delays and poor evidence undermine s10(3); some revocations.

Published on: 25 October 2024

Published by a LexisNexis IP expert

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Article summary

EasyGroup Ltd v Easyfundraising Ltd and others [2024] EWHC 2323 (Ch)

What are the practical implications of this case?

Family of marks

A registered trade mark forming part of a wider family can enjoy increased distinctiveness, especially where uniform visual elements are deployed across that stable. Consistent presentation of colour scheme, typeface and scale reinforces recognition within the family of marks. Accordingly, brand owners should implement their brand guidelines without deviation when extending their trade mark portfolios, with the aim of fostering a strong, unified visual character.

Delay in issuing proceedings

When evaluating the head of damage to repute under a section 10(3) claim, the court is prepared to draw adverse inferences from any slowness by a claimant in taking enforcement steps. Here, the claimant had known of EFL’s supposed infringing conduct for a decade—said to erode the distinctiveness of EasyGroup’s marks—yet had not sought formal remedies to try to avert that harm. The judge concluded that, had there been a genuine anxiety about detriment to the easy+ brands or to the distinctiveness of EasyGroup’s trade marks, then, in all likelihood, and consistent with prudent brand stewardship, the claimant surely would not have deferred issuing proceedings—or it would have at...

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