Easy Rent A Car Ltd and another v EasyGroup Ltd

Trade mark – Infringement. The appellants' application for a stay of proceedings had been dismissed on the basis that the English proceedings brought by Easygroup Ltd (the respondent) and the Cypriot proceedings, brought by the appellants, did not have the same 'cause of action' for the purposes of art 29 of Regulation (EU) No 1215/2012. The appellants had issued proceedings in Cyprus against, among others, the respondent, for declarations regarding the appellants' continued use of the phrase 'easy rent a car' and or similar phrases, which were similar to the respondent's registered trade marks. The respondent had subsequently commenced proceedings against the appellants in the UK for alleged infringements of their UK-registered marks and passing off. On appeal by the appellants regarding the dismissal of their stay application, the Court of Appeal, Civil Division, held that the 'cause' and the 'object' of the two sets of proceedings were the same and accordingly, allowed the appellants' appeal.

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