Schneider Electric IT Corporation v Northamber PLC
[2024] EWHC 2552 (Ch)
EasyGroup Limited v ER Travel Service Limited & Ors.
25 May 2023
[2023] EWHC 1195 (Ch)
High Court
A company sued several others for using similar brand names. The judge decided to deal with who is responsible (joint liability) at the same time as deciding if the name was copied, not later. This will hopefully help the case settle sooner.
Key Facts
- •EasyGroup Limited (Claimant) sued ER Travel Services Limited (now dissolved), ER Capital Limited, ER Travel LLC, Paul John Hanley, Nicholas Edward Hanley, and Jaybank Leisure Limited (Defendants) for trade mark infringement and passing off.
- •The claim involves multiple defendants, some potentially liable as joint tortfeasors.
- •The dispute centers on the use of similar brand names ('easy' and 'Easirent') in the car and van rental business.
- •The court considered whether joint liability issues should be tried at the liability stage or the quantum stage of the trial.
- •The defendants counterclaimed for revocation or invalidity of some of the claimant's trade marks.
Legal Principles
The decision on when to try specific issues is a case management decision, subject to the overriding objective.
Lexi Holdings Plc v Pannone & Partners [2009] EWHC 3507 (Ch)
Trade Mark Infringement under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994.
Trade Marks Act 1994
Passing off.
Outcomes
The joint liability issues will be tried at the liability stage.
Trying joint liability issues at the liability stage increases the chances of settlement and the additional costs are not significant. The benefit of earlier settlement outweighs potential cost savings from deferring the issue.