Easy, or not, as EasyGroup strike again.
11 June 2024, 8:42 am
Posted in: Brand Protection, Trade Mark
Home Blog Trade Mark Easy, or not, as EasyGroup strike again.
EasyGroup, the company behind the easyJet brand, have reported that they have successfully challenged a pressure washing business named EasyJetwash. The Newcastle-under-Lyme-based company, which specialises in patio and driveway cleaning, agreed to rebrand as Stoke Jetwash and pay significant damages and legal costs after the trade mark dispute.
Sir Stelios Haji-Ioannou, the founder of easyJet, has a history of rigorously defending the “easy” brand, stating that protecting consumers from confusion is a priority. Despite the legal battle, both parties expressed satisfaction with the outcome, particularly noting the 18-month transition period granted to EasyJetwash to rebrand and inform its customers.
In a recent dispute, Jozsef Spekker, the owner of EasyJetwash, a driveway-cleaning business in Newcastle-under-Lyme, found himself accused of trade mark infringement by EasyGroup, the company licensing brands like easyJet.
Spekker charges around £100 to pressure wash people’s drives, patios, garden paths and conservatories. He has run his one-man business for three years now.
Despite Spekker’s assertion that the only similarity is the word “Easy,” his livelihood hung in the balance. The logo and colouring of the business’ brands appear quite different but Spekker does call his business EasyJetwash.
EasyGroup’s chairman, Sir Stelios Haji-Ioannou, threatened legal action, insisting they would prevail unless Spekker rebranded before judgment. Spekker, however, maintains he never intended to capitalise on another’s reputation and highlights the stark differences between his business and easyGroup’s offerings. Despite his trade mark registration and acceptance, Spekker faces financial and health challenges in defending his business. EasyGroup remains resolute, citing consumer protection and alleging trade mark infringement.
EasyGroup want Spekker to take all the branding off his social media, and close the pages down. Spekker explained that if he did this, he’d effectively have to close the business and start again. He explained that he had spent a lot of money on adverts during the first two years of the business. He added that he has hundreds of videos on YouTube and that people like to watch them.
EasyGroup’s stance is that they seek to safeguard their trade mark and prevent consumer confusion, Spekker’s plight highlights the potential consequences for individuals attempting to carve out a niche in a competitive market.
It is not clear if there is any evidence of actual confusion, which one would expect if there genuinely was a likelihood of confusion in a situation like the current one where there was three years of co-existence. A judge would treat the absence of that evidence as a factor pointing against a likelihood of confusion.
The above is only the latest in a long-running series of trade mark actions brought by easyGroup. It appears that easyGroup launched no less than 15 trade mark infringement/passing off actions in the UK last year, with over 50 trade mark disputes being brought by it to date. It is certainly a warning about using the word easy in your business’ branding as it seems anything but.
As this saga unfolds, it underscores the importance of legal awareness and the need for accessible avenues to resolve intellectual property disputes, ensuring fairness and opportunity for all entrepreneurs.
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