The judgment of Easygroup Ltd v Beauty Perfectionists Ltd & Ors  EWHC 3385 (Ch) concerning the defendants application to strike out the parts of the claimant's claims relating to EU rights issued today, 17 December 2021.
The defendant argued that the High Court no longer has jurisdiction to grant a pan-EU injunction, or other remedies, in respect of alleged infringement of EUTMs on the basis that the UK is no longer a part of the EU, despite the proceedings having started pre-Exit Day (31 December 2020).
However, Sir Julian Flaux C dismissed this application and held that "paragraph 20 of Schedule 2A to the Trade Marks Act 1994 inserted by the 2019 Regulations...does preserve the jurisdiction of [the High] Court to grant a pan-EU injunction where appropriate".
The application raises the issue whether as a consequence of the relevant statutory instrument, the Trade Marks Amendment etc (EU Exit) Regulations 2019 (SI 2019 No. 269) hereafter referred to as "the 2019 Regulations" the relief which the Court can grant in relation to EUTM infringement proceedings is limited to an injunction or other relief having effect within the jurisdiction, even though when the proceedings were issued on 5 March 2020, the Court had jurisdiction to grant a pan-EU injunction.