- easyGroup’s ‘EASYOFFICE’ marks revoked for non-use and claims of trade mark infringement dismissed (easyGroup Ltd v Nuclei Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Res Judicata
- (i) Invalidity on the grounds of Nuclei’s prior rights
- (ii) Invalidity on the grounds of bad faith
- (iii) Statutory acquiescence
- (iv) Revocation
- (v) Infringement
- Case details
IP analysis: The High Court has dismissed a claim by easyGroup Ltd (easyGroup) for trade mark infringement which marks the culmination of a 20-year dispute. This dispute concerned easyGroup’s right to use the signs EASYOFFICE or EASYOFFICES in relation to the provision and brokerage of serviced office space and related services. The defendants’ validity challenges to the EasyGroup trade marks failed, therefore the issue of revocation was put before Mrs Justice Bacon. This time, the court found in favor of the defendants and the marks in question were revoked for non-use. The next issue was whether the defendant had infringing EasyGroup’s trade marks during the period from the start of the limitation period the point of revocation. The court held there was no infringement with easyGroup failing to establish a likelihood of confusion, and if there was confusion, it should be tolerated given the honest concurrent use by the defendants of the EASYOFFICES signs. The defendants’ counterclaim for invalidity was rejected on the grounds of res judicata. Written by Lucy Marlow, senior associate at JMW Solicitors LLP.
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