easyJet parent company loses copyright infringement case against easyfundraising
Melanie May | 12 September 2024 | News
easyGroup, the parent company of easyJet, has lost a copyright infringement case against easyfundraising, after a High Court judge ruled in easyfundraising’s favour.
easyGroup had taken legal action, claiming that easyfundraising had infringed easyGroup’s trademarks. However, after a two year legal battle, Judge Mr Justice Fancourt ruled yesterday (11 September) that:
“Given my findings that there is no infringement of the Claimant’s marks by the Defendants nor any passing off, this part of the Claimant’s claim necessarily falls to be dismissed.”
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It was also said that “there is no evidence of any confusion on the part of any supporter around the time 2005-2007 (or indeed subsequently), despite extensive searches for such documents.”
Mr Justice Fancourt ruled that “there is no evidence that easyfundraising obtained any unfair advantage in the establishment of its business as a result of its use of the word “easy”.”
According to a story on the ruling in The Guardian, easyGroup also alleged that its brands would be negatively impacted by what it said was the poor reputation of easyfundraising. However, the judge said that the large number of well-known brands that advertise with easyfundraising and had done for years showed that they didn’t feel it was disreputable, and pointed out that many of the easyGroup licences including easyJet had themselves advertised on the site, generating around £1.25mn of sales.
Welcoming the ruling, easyfundraising Chief Executive James Moir said:
“Our decision to not back down against easyGroup’s ridiculous claims and tactics has been entirely vindicated. This whole case has taken up so many months of management and business time that could have been far better spent on our core business of helping charities and good causes raise as much money as possible. We hope that this judgement gives heart to others being sued by easyGroup that they can see them in court – and win.”
He added:
“Essentially, this was a trademark case over the use of the word ‘easy’ in our name even though easyfundraising has existed for nearly 20 years. We have never claimed to be part of easyGroup – there would be no reason or reputational benefit for us to do this. It is telling that easyGroup were not able to produce a single piece of evidence showing any customer confusion has ever existed.
“We have never said we are a charity. We are a technology-for-good company that is benefiting charities and good causes throughout the UK to raise critical funds. This was very clearly understood and acknowledged by the Judge in his ruling. We are delighted that the ruling is so conclusive and that we can now get on with helping those that really need our time and focus.”
About Melanie May
Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via thepurplepim.com.