EasyGroup Ltd and EasyGroup IP Ireland Ltd sued Easy Forex Trading Limited and its parent company, Blue Capital Markets Ltd, claiming its intellectual property rights were being breached
The judge said one of the key issues in the case was that Easy Forex, which is based in Cyprus, had 11,255 world-wide users of their web-based financial services and, of these, 16 were based in Ireland. Photograph: Bryan O'BrienThe High Court has refused to hear an action by companies in the EasyJet group alleging trademark infringement and passing off action against a company with the name “Easy” in its title.
Easy Forex denied the claims and brought an application seeking an order that the Irish courts do not have jurisdiction to hear the case under EU trade mark regulations and under the Recognition and Enforcement of Judgments in Civil and Commercial Matters .Opinion: Are planning reforms enough to deliver the sustainable growth that Ireland urgently needs?Mr Justice Michael Twomey declined jurisdiction to hear the case here and adjourned the question of costs for a week.
It said it is entitled to issue proceedings in Ireland, rather than Cyprus, Easy Forex’s “country of domicile”.Easy Forex provided evidence of its 16 Ireland-based clients and said this was simply a consequence of it being authorised to carry on business throughout the EU as an online trading platform and website, the judge said.
Case law makes it clear there must be a “targeting” of customers in Ireland for Easy Forex to be sued in Ireland, he said.
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