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13 September 2024
Easyfundraising fends off easyJet, but it wasn't easy
This week, Staffs-based fundraising firm Easyfundraising won a legal battle in a trade mark infringement claim brought by easyJet. Mr Justice Fancourt held that the two brands could co-exist.
On the face of it, this decision gives some comfort not only to brands being sued by easyJet (for passing off or trade mark infringement), but to other smaller brand owners when faced with a claim by a much larger competitor.
Easyfundraising was founded in 2005 and argued that it had never claimed to be part of EasyGroup, as there was no reputational benefit for it to do so. Mr Justice Fancourt ruled there had been no evidence of customer confusion or that Easyfundraising obtained any unfair advantage from its use of the word “easy”. Easyfundraising said it had raised more than £55m for charities and good causes since its formation in 2005.
EasyGroup, founded in 1998, manages the Easy brand. Sir Stelios Haji-Ioannou, founder and owner of EasyGroup, said that he would appeal, as he felt that Easyfundraising was not a charity and was profiting commercially from the use of the word “easy”, despite the Judge’s comments to the contrary.
Easyfundraising is the latest in a series of challenges by EasyGroup of the use by other companies of "easy" as part of their brand name. Last month the owner of a jet wash firm in Stoke-on-Trent agreed to pay damages and change its brand name after EasyGroup threatened legal action, and indie band “easy life” also changed its name after a similar challenge.
The Easyfundraising case shows that David can win against Goliath, but the CEO of Easyfundraising said that it had taken up months of management time. At Battens we will always seek to take the weight off our client’s shoulders in trade mark or passing off disputes and leave them to focus on their business.
If you need any trade mark or passing off advice, please do not hesitate to get in touch by calling our Legal 500 expert Brian Levine on 01935 846 000 or emailing him at brian.levine@battens.co.uk.
