Michael Edenborough KC and Stephanie Wickenden successfully represented easyGroup on appeal in easyGroup Ltd v Easy Live (Services) Ltd. Having established infringement under s.10(3) for some of the Defendants’ signs, the Court of Appeal confirmed that passing off should also have been found. The judgment, given by Lord Justice Arnold, gives interesting guidance on lost licensing revenue as a head of damage under passing off. The Court of Appeal also overturned a declaration of infringement granted by the trial judge in respect of the signs not found to infringe. The Court imposed its own much narrower declaration.

The judgment can be found here.