UK High Court can continue to grant EU-wide injunctions in EU trade mark cases pending at the end of the Brexit implementation period

17th January 2022

3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden (pictured here) analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch).

In this case, the defendant, Beauty Perfectionists contended that their use of the name ‘easyCOSMETICS’ did not infringe Easygroup’s EUTM as the defendant never carried out any business activity in the UK, focusing instead on the German and Austrian markets: the UK Court had no activity to stop in the UK; furthermore, it lacked jurisdiction to grant an EU-wide injunction now that Brexit IP Completion day had passed.

In deciding that a UK Court can still grant an EU-wide injunction for infringement of EU trade mark cases in litigation which started before the UK left the EU, the High Court considered three Acts of Parliament, three UK statutory instruments, an EU regulation, an international treaty and more explanatory memoranda and guidance: a sure sign that Brexit has added an extra level of complexity to the already intricate realm of registered trademarks.

Read Mark Wilden’s article here.

Mark Wilden is a specialist Intellectual Property (IP) Third Six pupil barrister. Mark joined 3PB as a Third Six Pupil this month, after completing his pupillage at 8 New Square Chambers, working on high profile IP matters for clients including Apple, BBC, Ferrari, Google, Microsoft, Next, Peloton and Tesco.  He also worked for a year with Carpmaels & Ransford LLP as a legal assistant on a range of patent and copyright infringement actions.  He is an experienced County Court advocate, having appeared as sole advocate in over 80 hearings with LPC Law.

To instruct Mark on a matter relating to Intellectual Property, please email his clerk David Fielder on [email protected] or call him on 020 7583 8055.