easyDisputes

Over a period of more than 20 years, we have built up considerable experience in successfully representing businesses against claims of trade mark infringement and passing off by easyGroup Limited (“easyGroup”) and its owner Sir Stelios Haji-Ioannou.  More generally, we are expert in dealing with branding, copyright, trade mark and domain name disputes.  Our clients are varied, ranging from major global brands to fast growing start-up businesses.  We are recognised in Legal 500 and Chambers.

Over 20 years ago, our senior partner David Hansel, a recognised trade mark law expert, acted for Easyart in its successful defence of High Court proceedings brought by easyGroup.  Since then, he and the team at Hansel Henson have helped EasyPizza, Easyart, ezyVet, Easynet, Easy Villas Mallorca, Easy Live Auction and Easyfundraising defend themselves against attacks by easyGroup in the High Court and/or the UK IPO.  David and his team have been instructed by more than 30 other “easy” companies over the last 20 years.

easyGroup has had some very significant losses in the High Court in recent years, including in September 2024 against two of Hansel Henson’s clients, Easy Live Auction and Easyfundraising:

In 2018, easyGroup failed in its claim against EasyRoommate (see here).  

In 2021, easyGroup’s claim against Easylife also failed (see here).  easyGroup appealed the decision, and then settled the matter – and as part of which he purchased Easylife’s trade marks.  

In 2022, easyGroup failed to win its case against Easy Offices (see here and the appeal decision here). 

Hansel Henson’s client Easy Live Auction has successfully defended itself against two separate trade mark infringement claims brought by easyGroup, with one decision reached at the end of 2022 (see here and here).  Whilst easyGroup enjoyed some very limited success in the first matter and its appeal in relation to some old logos, easyGroup has repeatedly failed to stop Easy Live Auction trading under that name, and Easy Live Auction was declared the "winners" and easyGroup forced to pay a proportion of Easy Live Auction’s costs.   

In 2023, easyGroup brought its second claim against Easy Live Auction based on its newly acquired Easylife trade marks – but once again failed to stop our client trading as Easy Live Auction (see here). 

In a 2024 judgment, easyGroup was found to have tried and failed to stop easyCOSMETIC from using that name (see here). 

Most recently, in 2024, Hansel Henson client Easyfundraising defended itself from a long-running attack on its use of the name and its logos (see here).  After many years of threatening letters, easyGroup eventually issued a claim against our client in 2022.  Once again, as in the many cases before it, easyGroup lost (although it is appealing to the Court of Appeal).  At the subsequent costs hearing, Easyfundraising was given its costs of the action on the indemnity basis, with the judge being critical of easyGroup's behaviour, (see here) 

No easy monopoly!

Following the great success of easyJet, Sir Stelios sought to extend his easy brand to other businesses. His own businesses, mostly launched at the beginning of this century, such as easyEverything, easyDorm, easyCruise and easyCinema, are long forgotten flops.  Nothing has anywhere near matched the success of easyJet. 

After two decades of sending hundreds of cease and desist letters but rarely suing, easyGroup’s tactics changed.   

In recent years, Sir Stelios’ business model has been to bring proceedings in the High Court against successful individuals or businesses already trading under a name beginning with the word “easy”, threatening and pursuing litigation against them, and then engaging with them through his lawyers, offering to withdraw from litigation if the target in question agrees to a sale and licence-back of their IP rights. 

Thus, companies such as Easy Networks, Easy Cleaning and Easylife have been sued in the High Court before agreeing to assign their IP rights to easyGroup and license back the name.  It is a novel, if expensive, way of pursuing a passion to own the word “easy” in relation to the sale of any type of good or service. 

The truth, however, is that nobody has – nor ever can – have a monopoly in the plain word “easy” in relation to all types of goods and services.  As has been found time and time again by the courts, the word “easy” is a simple, descriptive English word.  It has been used descriptively by people and by businesses for centuries. We think that Sir Stelios's efforts to get a monopoly are bound to fail, but he continues to pursue them. There is also the suspicion that he is not implementing his royalty business model in a particularly easy way (doing business with someone who has sued you does not seem appealing).  However, until he retires, he remains a danger to anyone who trades with "easy" (or "easi", "ezee" or any other similar word) at the start of their name.

We have also witnessed a recent pivot towards using IPEC, the low cost version of the High Court designed for simpler cases.  The amount of costs a successful defendant can recover in this court is strictly limited.

Thinking of using the word easy?

If you are thinking of using the word “easy” in relation to a business or product name, then you should think twice.  Firstly, easyGroup may well write to you threatening trade mark infringement!  Secondly, easyJet is well known and distinctive, and no business should seek to mimic the distinctive easyJet get-up of orange and white, lower case ‘e’ and capitalised ‘J’, and Cooper Black font.  That is particularly the case if your business is in the travel sector.  Thirdly, because the word “easy” is so descriptive and very commonly used, you may find it will take a long time for it to become distinctive – consider opting for something less commonplace and descriptive for your business.

Sir Stelios has invested huge sums in his easyGroup project.  If you really must use “easy”, but want to reduce the chances of serious problems with easyGroup, avoid the elements included in their brand manual.

Received a letter?

You may be one of the hundreds of businesses who have received a letter alleging trade mark infringement and passing off from one of the firms of solicitors representing easyGroup and/or easyJet.  easyGroup has used numerous law firms over the years but currently their preferred firms appear to be, in London, Stephenson Harwood, Edwin Coe LLP, Kilburn & Strode, Potter Clarkson, Harbottle & Lewis, and as a result of Brexit, in Dublin (covering the EU) William Fry and Simmons & Simmons.  easyGroup has even been brought claims in Florida.

If you receive such a letter from easyGroup's solicitors accusing you of trade mark infringement and passing off

We may be able to advise you, although we will need to run a conflict check and to charge you for our advice.  We also accept instructions from other law firms who wish to maintain the relationship with their client but wish to have our expert advice.

Whilst nobody can have a total trade mark monopoly on the word easy, EasyJet and easyGroup do have rights that they are entitled to defend. There are certainly circumstances where they are entitled to stop those who misappropriate their valuable goodwill and confuse the public. If you are looking to rip off easyJet or easyGroup branding, then please do not contact us. Instead read the easyRealestate case (look up easyJet v Dainty) and think again!

If you are thinking of engaging us, then please email David Hansel at dah@hanselhenson.com or Will Holmes at will@hanselhenson.com.