easyGroup has wind taken out of it in trademark dispute
easyGroup, the UK-based parent company of easyJet, has failed in its attempt to oppose the registration of ‘Easysail’ as a UK trademark.
The UK Intellectual Property Office ( IPO) handed down its ruling on Thursday, February 15.
French textiles company Porcher Industries designated the UK for protection of international registration 1,318,748 (the ‘Easysail’ mark) in May 2016.
‘Easysail’ covers classes 22, 24 and 35, which include sails, raw fibrous textile materials, technical fabrics for sport applications, and retail or wholesale services for boat sails.
easyGroup alleged that the applied-for trademark is similar to seven of its own marks, including EU trademarks ‘easyJet’ (10,584,001), ‘ easyProperty' (14,920,433) and ‘easyTravel’ (10,626,604).
easyGroup’s ‘easyProperty’ and ‘easyGroup’ marks both cover class 35.
“The opposed class 35 services of this application are identical or at least highly similar to the class 35 services of the opponent’s registration,” said easyGroup. “They concern retail services in relation to a range of goods in the case of the opponent’s registration and boat sails in the case of the opposed application.”
easyGroup added that sailing is an expensive activity, like air travel, and is associated with a certain lifestyle so it would be a “natural assumption that ‘Easysail’ is an extension” of easyGroup’s business.
The UK-based company also alleged that Porcher’s trademark would “ride on the coattails” of the easyGroup’s marks.
Allan James, head of the IPO’s trademark tribunal, said that there is only a low-to-medium degree of similarity between the marks and that the services are not in competition.
In its defence, Porcher pointed out that the word “easy” is a basic English word meaning “without requiring much labour or effort; not difficult; simple”.
James said: “I accept that easy is a natural way of designating goods and services as being easy to use. I therefore agree that the word is inherently low in distinctive character.”
James ruled that Porcher has been successful in its application and ordered easyGroup to pay Porcher £1,050 ($1,468).
A spokesperson for easyGroup said that the company had “no comment” on the decision.
As reported by WIPR in January, the English High Court ruled against easyGroup in a trademark dispute against flat-sharing site EasyRoommate.
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