13/09/2024
easyGroup Limited is no stranger to litigation against others seeking to incorporate “easy” into their brand names.
We previously covered easyGroup’s ultimately successful efforts, outside of the court, to get the Leicester band formerly known as Easy Life to change its name. However, it has just suffered defeat in its latest trade mark battle with Easyfundraising, the UK-based shopping site linked to charity fundraising.
easyGroup Limited vs Easyfundraising
easyGroup Limited is the parent company for what is referred to by the group as the “easy® family of brands”. The family includes easyJet, easyCar and easyHotel. Easylife mail order magazine is another member of the family, who has a licence from the group.
In this case, it was alleged that Easyfundraising’s use of marks including the element easy, some of which were first adopted in 2005, infringed specified trade mark registrations of easyGroup. The family of brands of the group did not include the identical Easyfundraising mark, so it was argued there would be confusion with registered marks, coat-tailing with a link to registered marks and passing off. Easyfundraising had not adopted the orange and white colours familiar to those who travel on EasyJet planes.
The arguments did not convince the Chancery Division of the English High Court. All claims proved unsuccessful.
In his ruling, Mr Justice Fancourt held that each of the claims to likely confusion was not supported by the evidence and those claims failed. Whilst the Claimant put some evidence of instances of confusion in, the judge made observations on those in the decision. Arguments by the Claimant based on a family of registered marks failed. Turning to the coat-tailing argument, it was held that no link would be made by the UK consumer to any of the signs of the complaint relied on.
The passing off complaint included the angle that consumers may think the business of the Defendant was part of easyGroup’s licensing programme, given the Claimant has companies in the group which use their own style of EASY branding but are still licensees of the Claimant. The Easylife mail order catalogue is one of these. This passing off claim could not go back to 2005. easyGroup could only complain about use 6 years before the start of the action. The judge found no misrepresentation and, even if easyGroup could have established an unintended misrepresentation, there was no damage. It was noted that the businesses in question had carried on in parallel since 2005.
Easyfundraising ran a counterclaim that some of the registered marks in the action have not, in fact, been used in the UK. Some of these claims were successful.
We hear that easyGroup will appeal. This will not be the end of their litigation strategy.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
