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EasyJet’s parent company loses trademark battle with footwear firms

ALN

EasyJet’s parent company has lost a High Court trademark dispute against two footwear firms with the word ‘easy’ in their names.

EasyGroup took legal action against Estonian company Easyfeetstore and American firm Easyfeet Inc, which both sell orthopaedic and orthotic insoles, as well as Andriy Klishyn, who is a shareholder in Easyfeetstore and the director of Easyfeet Inc.

Lawyers for easyGroup, owned by Greek Cypriot businessman Stelios Haji-Ioannou, told a two-day trial in February that the footwear companies had breached seven of its trademarks, including that of the easyJet brand.

They also told the trial in London that Klishyn was jointly responsible, and that Easyfeetstore’s trademark for the word ‘easyfeet’ was invalid.

The footwear companies defended the legal action, with Klishyn telling the court that customers buying insoles would not confuse them with easyGroup products.

In a ruling on Wednesday, Judge Richard Hacon dismissed the claim, finding that the word ‘easy’ was ‘the only similarity’ between the trademarks and the footwear companies’ signs and that there was ‘no likelihood’ of customers being confused.

He said: ‘I have found that there is no relevant similarity between any of the seven trade marks and either of the defendants’ signs and, in the case of six out of the seven trademarks, no similarities in goods or services.’

The judge continued that easyGroup had not suffered ‘detriment’ and that there was no ‘unfair advantage’.

As of last month, easyGroup has more than 380 ‘easy’ branded business ventures and websites within its portfolio, including easyJet, easyBus and easyHotel.

The group has been involved in several High Court trademark disputes with rival companies with ‘easy’ in their names, with Judge Hacon saying in his ruling that it ‘seems to be doing all it can to prevent the use of ’easy’ signs without its licence’.

In August last year, easyGroup also lost a legal battle with hotel chain Premier Inn over the latter’s use of the phrase ‘rest easy’.

Following the judgment, an easyGroup spokesperson said: ‘We strongly believe that this judgment is wrong because it undermines the ability of owners of famous families of brands, such as the easy family of brands, to protect consumers from confusion.

‘The other side wants consumers to believe that they have something to do with the official easy family of brands when they do not.

‘We will appeal and will overturn it, as we have done many times in the past.’

easyJet PLC shares rose 4.0% to 360.90 pence each on Wednesday afternoon in London.

By Callum Parke, Press Association Law Reporter

Press Association: Finance

source: PA

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