EasyJet’s parent company has lost a High Court brand theft claim against a shopping website which has the word “easy” in its name.
EasyGroup, which has a rich history of going after entities it believes have infringed its trademarks, took legal action against easyfundraising Ltd, its founder Ian Woodroffe and investors The Support Group (UK) Ltd.
Its main argument was that customers could confuse the two brands as coming under easyGroup, which has more than 200 ‘easy’ branded ventures within its portfolio.
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They also include easyBus and easyHotel.
But Mr Justice Fancourt dismissed easyGroup’s claims, saying “it is unlikely that any but a few would make the association and be confused” between the two brands.
He added: “Users of easyfundraising’s advertising services would be least likely to be confused, as they were relatively sophisticated and careful business persons, or professionals, and as such are most unlikely to consider that easyfundraising or easysearch is an easy+ brand or connected in some way with easyGroup.”
Another plank of easyGroup’s case centred on its belief that easyfundraising had a poor reputation.
Addressing that issue, the judge noted the “large number of retailers that advertise with easyfundraising and have done so for years, including well-known and reputable high street brands such as Marks & Spencer and John Lewis, demonstrate that retailers do not share the claimant’s view that easyfundraising has a poor reputation.”
He added: “Indeed, many of the easyGroup licensees, including easyJet itself, advertised on easyfundraising between 2010 and 2022, generating around £1.25m of sales.”
Easyfundraising chief executive, James Moir, said in response to the judgment: “Our decision to not back down against easyGroup’s ridiculous claims and tactics has been entirely vindicated.
“This whole case has taken up so many months of management and business time that could have been far better spent on our core business… We hope that this judgement gives heart to others being sued by easyGroup that they can see them in court – and win.”
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EasyGroup founder Sir Stelios Haji-Ioannou indicated after the case that the company would appeal.
“We will continue our challenge which we believe to be in the interest of the UK consumer”, he said.
His company has a section on its website dedicated to its battles with companies globally over the use of the word ‘easy’.
EasyGroup’s most recent win came over the band Easy Life earlier this year.
The Leicester-based group changed its name to Hard Life, and released a new single called Tears, in the wake of the case being settled in June.