This week, Easyfundraising became one of the few to successfully fight off a trademark infringement claim brought by EasyGroup Limited. Mr Justice Fancourt concluded that there was no evidence of consumer confusion between the two brands.
EasyGroup brought the claim on the basis of the infringement of 9 different registered trade marks. They claimed that Easyfundraising had infringed these trade marks when the company was set up in 2005 and that customers would confuse the two brands because of the similarity in the names. Further, EasyGroup alleged that Easyfundraising had a poor reputation which would have a negative impact on the ‘Easy’ brand.
Mr Justice Fancourt dismissed these claims, stating that as “there is no identity or similarity of services provided by Easyfundraising and the services specified, the claimant’s claim of infringement… must fail”. Further, he noted that the “large number of retailers that advertise with Easyfundraising and have done so for years, including well-known and reputable high street brands such as Marks & Spencer and John Lewis, demonstrate that retailers do not share the claimant’s view that Easyfundraising has a poor reputation.” Interestingly, Mr Justice Fancourt pointed out that some of EasyGroup’s subsidiaries had advertised on Easyadvertising between 2010 and 2022, generating around £1.25 million.
Following the hearing, Easyfundraising stated that it hoped the judgment would encourage other organisations who face infringement claims brought by EasyGroup that it is possible to win against them. Founder of EasyGroup, Sir Stelios Haji-Ioannou, stated that he intends to appeal the decision.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
