News Detail
Sep 13, 2024
Fundraising platform wins legal battle with easyJet owner
The chief executive of the charity shopping website Easyfundraising has said it has been “entirely vindicated” after winning a trademark dispute with the business that owns the ‘easy’ group of brands, including easyJet.
EasyGroup had claimed Easyfundraising was making unauthorised use of the word “easy” in its name, but the High Court rejected the argument yesterday.
EasyGroup said it would appeal against the decision, which was made after a six-day hearing.
The company’s case was for “trademark infringement and passing off”, meaning it believed that Easyfundraising, which has been operating under the name since 2005, was making unauthorised use of and benefitting from the brand’s reputation.
The company first announced plans to sue Easyfundraising in 2022.
In the ruling, Judge Justice Fancourt said: “Given my findings that there is no infringement of the claimant’s marks by the defendants nor any passing off, this part of the claimant’s claim necessarily falls to be dismissed.
“There is no evidence of any confusion on the part of any supporter around the time 2005 to 2007 (or indeed subsequently), despite extensive searches for such documents
“There is no evidence that Easyfundraising obtained any unfair advantage in the establishment of its business as a result of its use of the word ‘easy’.”
Easyfundraising said the ruling meant it would be able to focus on its core business of helping charities and good causes raise funds through its “innovative technology for good model”, without the distraction of a “protracted and expensive legal battle” that has lasted more than two years.
James Moir, chief executive of Easyfundraising, said: “Our decision to not back down against easyGroup’s ridiculous claims and tactics has been entirely vindicated.
“This whole case has taken up so many months of management and business time that could have been far better spent on our core business of helping charities and good causes raise as much money as possible.
“We hope that this judgement gives heart to others being sued by easyGroup that they can see them in court – and win.”
Sir Stelios Haji-Ioannou, part-owner of easyGroup, said the company would appeal the ruling.
“We are disappointed with this decision which has a number of contradictions and will be appealing this judgment immediately,” he said.
“Following the court ruling, a large number of UK media outlets have wrongly described Easyfundraising as a ‘charity’ which highlights our cause.
“Irrespective of the ruling, our legal action has successfully de-masked easyfundraising.org.uk’s false marketing as a charity when in fact they are a highly profitable organisation with less than 13 per cent of proceeds going to genuine registered charities.”
Haji-Ioannou said easyGroup would continue its challenge, which it believed to be in the interest of the UK consumer and the UK’s “real registered charities”.
Moir said: “We have never claimed to be part of easyGroup – there would be no reason or reputational benefit for us to do this.
“It is telling that easyGroup was not able to produce a single piece of evidence showing any customer confusion has ever existed.
“We have never said we are a charity. We are a technology-for-good company that is benefiting charities and good causes throughout the UK to raise critical funds. This was very clearly understood and acknowledged by the judge in his ruling.”