Another thief of the ‘easy‘ brand convicted in court
The easyGroup has won another High Court action which it brought against an individual using the ‘easy’ name for its business. The defendant owned the ‘easy4car’ website and several others which the easyGroup claimed were passing off as easyGroup companies.
Not only did the judge rule in favour of the easyGroup but he recognize the association between the easyGroup and companies trading in the ‘easy‘ name.
“The (easyGroup) is a well-known company and has established… a good will to the use of the word “easy” in a particular context, that is to say it is used as part of a trading name…” he said.
In his summary the judge recognized the commercial threat posed to the easyGroup by individuals or companies confusing consumers into believing that they have some association with the easyGroup.
“There has been a misrepresentation by the Defendant in the use of the web sites. I am satisfied… that such actions were in fact done with the intention to deceive the public into believing that his web sites were associated with the (easyGroup‘s) business and that this might well have caused the (easyGroup) damage….” was his judgment. If there is any threat that a company might confuse consumers into believing that it is part of the easyGroup when it is not, the easyGroup is obliged to protect both itself and consumers at large.
The defendant was ordered to hand all of his domain names over to the easyGroup and full costs of €19,000 were awarded against him.