Trademark protection isn’t always EASY

EasyGroup has been in the news again recently defending its trademark rights – other recently reported conflicts being with EasyLife, which has now settled, and EasyFundraising, which is ongoing.

In this particular case, EasyGroup objected to the use and registration of the mark EASYJETWASH and the domain name EasyJetwash.com by Mr Spekker, on the basis of its earlier registered and unregistered rights in EASY and EASYJET.

EasyGroup claimed that, in using and registering EasyJetwash, Spekker was trying to “deliberately set out to profit from the reputation of easyJet, the world-famous airline, by using the exact word in his domain. Adding another word after a famous brand does not allow you to take advantage of the goodwill associated with that brand.” EasyGroup also claimed that Spekker had managed to ensure that his website was the first organic result in a Google search of “Easy Jetwash” due to his knowledge in Search Engine Optimisation (SEO). EasyGroup believed that this demonstrated his intention to ride on the coattails of easyJet’s reputation.

It is not clear whether formal action was taken by EasyGroup, but it has been confirmed that an agreement has been reached without the need to go to trial. Understandably, given the limited funds of Spekker and his unwillingness to enter into a potential legal battle with a large company, the end result is the surrendering of the trademark registration and domain name, as well as a change of brand. EasyGroup also states that Spekker has agreed to pay damages and legal costs, with EasyGroup allowing for a phasing-out period of 18 months.

Given the different stylizations of the logo and the fact that both ‘easy’ and ‘jetwash’ have very clear meanings, one may feel that EasyGroup has overstretched its rights in this case. However, it is difficult when a domain name, which is shown in plain text, is involved as the difference between logos is not immediately obvious until one is on the website.

Further, in addition to the undoubtedly famous airline brand easyJet, EasyGroup have such a large number of ‘Easy’ brands in a variety of industries that it is unsurprising they claim to have significant goodwill and reputation in ‘Easy’ itself.

Indeed, EasyGroup and its brands are often targeted and even go so far as to have a “Brand Thieves News” page on its website which sets out all the various brand issues that they have dealt with so far. Given the recent press coverage of this battle in the UK, EasyGroup undoubtedly hopes that it will not have to update this page for a while. 

Interestingly, the owner of EasyJetwash stated that “when I registered as a trademark and got accepted I was 100% sure I have every right over my business…”. Unfortunately, obtaining a trademark registration in the UK is not always a guarantee that your rights are protected, particularly against those with an earlier claim. Further, a registered trademark is not a defense to infringement or passing off.

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