EasyJet founder Sir Stelios Haji-Ioannou plans to appeal against a decision by the High Court that a shopping website can continue to use the name easyfundraising.
He had argued that customers would confuse the website with his own brand, easyGroup, launched in 1998.
In addition to easyJet, the group has more than 200 easy+ branded businesses, including easyBus and easyHotel in its portfolio, some of which pay franchise fees to use the name.
EasyGroup had claimed that its trademarks were infringed by easyfundraising when it launched in 2005 and again in 2007 when easyfundraisiing created easysearch.
EasyGroup also alleged the charity shopping website had a ‘poor reputation’ that would have a negative impact on the easy+ brand.
Easyfundraising denied the allegations, claiming there was no evidence to suggest customers would confuse the two brands.
In his ruling, Mr Justice Fancourt agreed with easyfundraising, saying it was 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.”
The judge also pointed out that many reputable brands, including Marks & Spencer and John Lewis advertise with easyfundraising, as did easyJet itself between 2010 and 2022, generating around £1.25 million of sales.
“Whether the advertising was placed by affiliate networks or agents and whether it was to the knowledge of senior personnel at the licensees is really immaterial: what the facts demonstrate is that easyfundraising was not a platform that reputable brands (such as easy+ brands) did not use to advertise those brands,” he added.
Rejecting easyGroup’s claim, Mr Justice Fancourt said: “There is no identity or similarity of services provided by easyfundraising and the services specified, the claimant’s claim of infringement as at 2005 and 2007 must fail”.
After the verdict, Sir Stelios said easyGroup was ‘disappointed with this decision which has a number of contradictions and will be appealing this judgment immediately’.
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He had argued that customers would confuse the website with his own brand, easyGroup, launched in 1998.
In addition to easyJet, the group has more than 200 easy+ branded businesses, including easyBus and easyHotel in its portfolio, some of which pay franchise fees to use the name.
EasyGroup had claimed that its trademarks were infringed by easyfundraising when it launched in 2005 and again in 2007 when easyfundraisiing created easysearch.
EasyGroup also alleged the charity shopping website had a ‘poor reputation’ that would have a negative impact on the easy+ brand.
Easyfundraising denied the allegations, claiming there was no evidence to suggest customers would confuse the two brands.
In his ruling, Mr Justice Fancourt agreed with easyfundraising, saying it was 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.”
The judge also pointed out that many reputable brands, including Marks & Spencer and John Lewis advertise with easyfundraising, as did easyJet itself between 2010 and 2022, generating around £1.25 million of sales.
“Whether the advertising was placed by affiliate networks or agents and whether it was to the knowledge of senior personnel at the licensees is really immaterial: what the facts demonstrate is that easyfundraising was not a platform that reputable brands (such as easy+ brands) did not use to advertise those brands,” he added.
Rejecting easyGroup’s claim, Mr Justice Fancourt said: “There is no identity or similarity of services provided by easyfundraising and the services specified, the claimant’s claim of infringement as at 2005 and 2007 must fail”.
After the verdict, Sir Stelios said easyGroup was ‘disappointed with this decision which has a number of contradictions and will be appealing this judgment immediately’.
The post EasyJet parent to continue trademark legal battle after losing High Court case appeared first on Travel Gossip.
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