Plaintiff: Medion AG
Defendant: easyGroup Ltd.
Case no.: R0942/2022-5
Jurisdiction: European Union
Industry: Technology
Decision date: 21 Feb, 2023
Subject matter: Distinctive elementLikelihood of confusionNon-distinctive
The vast majority of the English-speaking public within the EU will clearly not attribute the secondary meaning of the "life following one´s retirement" to the the contested sign "EASYLIFE". Instead that part of the public will merely perceive it as "an easy life/life that is easy" and, thus, as purely laudatory and non-distinctive in relation to all the contested services forming scope of the appeal. The non-distinctive component "EASY" is not capable to safely exclude the existence of a likelihood of confusion in relation to any of the services at issue, including those that were found similar to a low degree to the goods and services of the earlier mark, from a significant part of the relevant English-speaking public.
life
Easylife
