This is the latest of a long line of cases in which easyGroup IP
Licensing Limited has asserted rights to names incorporating the
prefix “easy,” although possibly the first time it has targeted a
web site that uses a misspelling of the word.
Easibook Limited is trading, apparently offering bookings at
over 10,000 hotels worldwide. Its founder, Alan Cooke, has set up a
protest site, easyprotest2.com, which narrates his current battle
against easyGroup.
There used to be a site called easyprotest.com – but in an
out-of-court settlement, easyGroup acquired the domain name and it
now points to easyCar.com, a domain name it acquired in another
“easy” dispute. EasyGroup re-branded its rental service,
easyRentacar, as easyCar upon acquiring the shorter name.
Apart from the spelling of “easibook,” Cooke points to other
differences between the brands. Easibook is not targeting
consumers, unlike easyGroup companies. His use of the word is all
lowercase; the easyGroup names are not. He uses different fonts and
colour schemes and points out that reproducing the distinctive
orange and white colouring of the easyGroup companies was a factor
in a case won by easyGroup against Tim Holt, the owner of
easyRealestate.co.uk, in an English court. Cooke quotes the judge
in that case:
“[easyGroup] are not entitled to appropriate
the word ‘easy’ and prevent any businessman from using any name
which includes the word ‘easy’ […]. The test which requires to be
established […] is the likelihood of deception […] not because the
defendant has used the word ‘easy’.”
EasyGroup has not always won its battles for domain names
incorporating the “easy” prefix. Holt, who also owned easy-jet.com,
won a separate case against easyGroup, this one coming before a
panel of the World Intellectual Property Organisation (WIPO), on
the grounds that he planned to use the domain name for a business
selling ink-jet refills. The name now points to easyjet.com after,
presumably, Holt sold it to easyGroup subsequent to winning his
case.
Cooke has been warned that proceedings will be issued by
easyGroup unless he stops using the easibook brand.
