easyGroup v Easy Live: Court of Appeal revives passing off claim over lost licence fee
easyGroupvEasy Live
- Court
- Court of Appeal
- Judgment
- 20 December 2023
- Citation
- [2023] EWCA Civ 1508
If you licence your brand to others, you can often claim damages for the fee a copycat avoided paying.
easyGroup, owner of the 'easy' family of brands, sued Easy Live Auction over logos it said copied its branding style. The Court of Appeal ruled in easyGroup's favour, finding it had lost out on a licence fee it could otherwise have charged.
What happened
easyGroup, which owns the 'easy' family of brands including easyJet, sued Easy Live Auction and its founders. easyGroup said their logos, used for an online auction bidding platform, had moved closer to easyGroup's distinctive branding style. At trial, the judge found trademark infringement for two of the four logos used, and found that the branding did create a misleading impression that the businesses were connected (known as passing off). However, the judge ruled easyGroup had suffered no damage from this and so the passing off claim failed. easyGroup appealed that finding.
What did the court decide in easyGroup v Easy Live?
The Court of Appeal held the trial judge was wrong to find easyGroup had suffered no damage. Because easyGroup runs an established business licensing its brand to franchisees, it could claim damages based on the licence fee it would normally charge for this kind of use, even without evidence that customers were actually confused or that trade was diverted away from it. That meant the passing off claim succeeded after all. The court also rewrote part of a declaration the trial judge had granted, which said some of Easy Live's other branding did not infringe, to remove uncertainty over exactly which signs and situations it covered.
What we learned from this
- What I'd take from this is that owning a licensing or franchising business changes what you can claim if someone copies your branding without permission. You don't always need to show lost sales or confused customers, a lost licence fee can be enough.
- If you licence your name, logo or tagline to others, keep records of your usual licence fees. They can become the basis for a damages claim if someone uses your branding without paying for it.
- A business doesn't need to intend outright deception to be found liable for passing off. Deliberately moving branding closer to a well known style can be enough if it creates a misleading impression.
- Declarations about what a business is permitted to do can be worded too loosely. It's worth checking that any court order setting out what is or isn't permitted is precise about which signs and contexts it covers.
Things to be aware of
- The Court of Appeal didn't decide how much easyGroup would actually be paid, it only confirmed the claim could succeed; the amount was left as a separate question.
- This case deals with passing off, a different legal route from trademark infringement, and the reasoning about licence fee damages may not apply the same way where there's no established licensing business.
- easyGroup and Easy Live have been involved in further separate disputes over different marks, with mixed results, so this case is worth reading alongside those rather than as settling every issue between them.
The businesses involved
easyGroup Limited
Registered in England in 2000 and still active, easyGroup owns the 'easy' family of brands including easyJet and easyLife, and licenses use of the brand to franchisees.
- Companies House
- 04060333 Active
- Incorporated
- August 2000
- Registered office
- London
- Business activity
- Other business support service activities n.e.c.
- UK trademarks
- 378
Easy Live (Services) Limited
Operator of the Easy Live Auction online bidding platform, sued by easyGroup over logos said to resemble easyGroup's branding.
What happened next
- A further Court of Appeal decision followed in a related easyGroup dispute over its EASYLIFE marks against Easy Live, with a mixed outcome.Source: Mishcon, October 2025
- In a separate, later High Court action, easyGroup lost a trademark infringement and invalidity claim against Easy Live (Services) Limited.Source: Fieldfisher, November 2024
What others said about it
- Penningtons Manches Cooper noted the proceedings began in October 2019 over Easy Live's use of several 'Easy Live Auctions' logo devices.Source: Penningtonslaw, January 2023
- Taylor Wessing's practical point: the ruling confirms passing off damage will not simply be presumed and must be demonstrated, even where misrepresentation is found.Source: Taylor Wessing, March 2024
How we can help
If something in this case sounds familiar, talk it through with us. The first call is free for new clients.
This page is for information purposes only and does not constitute trademark advice or guidance. Summary drafted with AI assistance from the published judgment and checked by The Trademark Helpline (how we write these). Judgment: [2023] EWCA Civ 1508 on Find Case Law, published under the Open Justice Licence. Company details from Companies House; trademark counts from the UK trademark register. Last reviewed 24 October 2026. Report an error.
