The dispute between EasyGroup and EasyJetwash provides a fresh perspective on the lengths to which businesses will go to protect their trade marks. EasyGroup, known for its extensive range of brands under the “easy” banner, has fiercely defended its intellectual property in several high-profile cases. The case against EasyJetwash and its owner, Jozsef Spekker, highlights both the challenges faced by small businesses when navigating trade mark law and the dedication of large corporations like EasyGroup to maintain the integrity of their brands.
Jozsef Spekker, a small business owner based in Newcastle-under-Lyme, operates a driveway-cleaning company called EasyJetwash. The business was registered as a trade mark in April 2022, and according to Spekker, the name was inspired by the ease with which his equipment allowed customers to clean driveways. However, EasyGroup, the parent company of easyJet, accused Spekker of trade mark infringement, claiming that the name EasyJetwash was too similar to the “easyJet” trade mark. EasyGroup argued that Spekker’s business could confuse consumers into thinking it was associated with the budget airline, despite the fact that Spekker’s services were unrelated to air travel.
EasyGroup, led by founder Sir Stelios Haji-Ioannou, demanded that Spekker cease using the EasyJetwash name. Stelios asserted that Spekker was deliberately trying to profit from the goodwill and reputation of the easyJet brand by using a similar name. Despite Spekker’s insistence that his business was distinct and that his intention was never to ride on the coattails of easyJet, he eventually agreed to settle the case without going to court. Under the terms of the settlement, Spekker agreed to pay significant damages and legal costs to EasyGroup and rebrand his business as Stoke Jetwash. He was granted an 18-month phasing-out period to educate his customers about the new name.
The EasyJetwash case is not the first time EasyGroup has taken legal action over the use of the word “easy” in a business name. In 2023, EasyGroup was involved in a dispute with the British indie band Easy Life. The band was accused of infringing on the Easy brand by using a name that EasyGroup claimed was too similar to its trade mark. Like Spekker, the band argued that their name had nothing to do with EasyGroup’s operations. However, EasyGroup claimed that the band’s use of the name, along with their branding, including posters featuring aircraft reminiscent of easyJet planes, could confuse consumers and damage its reputation.
The band ultimately decided to settle the matter by rebranding themselves as Hard Life. The case, much like that of EasyJetwash, underscores EasyGroup’s aggressive stance in protecting its intellectual property, even when the businesses in question are far removed from its core offerings.
Under UK law, trade marks are protected by the Trade Marks Act 1994. The act grants trade mark owners exclusive rights to use their marks in relation to the goods or services for which they are registered. Infringement occurs when another party uses an identical or confusingly similar mark in a way that could cause confusion among consumers.
One of the key elements in a trade mark dispute is the concept of likelihood of confusion. This is determined by assessing whether the average consumer would be likely to mistake one business for another due to similarities in their branding. EasyGroup’s argument in both the EasyJetwash and EasyLife cases hinged on this concept. Despite the fact that neither Spekker’s driveway cleaning service nor the Easy Life band were competitors of easyJet, EasyGroup maintained that the use of the word “easy” in their branding could mislead consumers.
Another aspect of trade mark law that played a significant role in these cases is the concept of brand dilution. Even if consumers are not directly confused, using a similar name can dilute the distinctive character of a well-known brand, making it less unique and weakening its association with the goods and services for which it is famous. EasyGroup has consistently argued that allowing other businesses to use “easy” in their names would dilute the strength of its trade mark.
Although the EasyJetwash and EasyLife cases bear many similarities, there are notable differences. In the EasyJetwash case, Spekker registered his business as a trade mark in 2022, believing that this would protect him from claims of infringement and future legal disputes. EasyGroup did not challenge the registration at the time, which may have given Spekker a false sense of security. When EasyGroup later demanded that he rebrand, Spekker was forced to negotiate a settlement to avoid a costly court battle.
In contrast, the EasyLife band had no registered trade mark and was more vulnerable to EasyGroup’s claims. Furthermore, EasyGroup argued that the band’s use of aircraft imagery, which closely resembled easyJet’s branding, was likely to confuse consumers despite the businesses being unrelated.
This case serves as a cautionary tale for small business owners about the importance of conducting thorough research before selecting a business name. Even when a small company has an arguable case, as was the situation with Jozsef Spekker, the financial power of a larger corporation can make it difficult for the smaller business to defend itself in a prolonged legal battle. Larger companies, like EasyGroup, can effectively price out smaller entities, pushing them toward settlements even when they may have a valid defence.
This makes the registration of intellectual property even more important for small businesses. Registering a trademark ensures that any disputes are more likely to be resolved before the UK Intellectual Property Office (UKIPO) rather than in the courts, helping to manage costs. Resolving trademark disputes through the UKIPO can offer a more affordable and accessible forum for smaller businesses, potentially avoiding the daunting prospect of facing a large corporation in a more expensive legal arena. In this case, despite the registration, Spekker ultimately found himself needing to rebrand, which reinforces the importance of careful planning, thorough legal advice, and the protection that proper IP registration can provide.
For EasyGroup, these cases illustrate the company’s commitment to protecting its brand and preventing any perceived dilution of its trade marks. Whether dealing with a small business like EasyJetwash or a band like Easy Life, EasyGroup has shown that it will not hesitate to take legal action to protect its intellectual property, setting a clear precedent for future disputes.
If you require advice regarding research before selecting a business name, please get in touch and speak to one of our attorneys.