Trademark Law was one of my favorite law school courses. Similarities, real or perceived, in company names (or even common colors) have led to some explosive lawsuits. In England, a budget air carrier recently went up against a pressure washing service…and the airline has prevailed. Are you as confused by EasyJetwash as easyJet thinks you are?
easyJet Vs. EasyJetwash
Two businesses. One flies airplanes, the other washes cars and patios. The airline is called easyJet and the patio washing company is called EasyJetwash. Did the patio misappropriate the easyJet brand? EasyJet certainly thought so, arguing it caused immense customer confusion.
A likelihood of confusion exists when consumers viewing the allegedly infringing mark would probably assume that the product or service it represents is associated with the source of a different product or service identified with a similar mark. Put simply, did people think that EasyJetwash was a subsidiary or otherwise linked to easyJet?
I think the EasyJetwash name was clever and while it may have derived from easyJet, it strikes me as highly unlikely to cause consumer confusion. First, it wasn’t called EasyJet Washing Service, but called EasyJetwash, with Jetwash being a distinct term and not anything associated with passenger air travel.
Second, the logo, branding, and colors used by EasyJetwash were nothing like those used by easyJet. I think had EasyJetwash adopted easyJet’s iconic orange color or used the same font in its branding, easyJet would have had a case. But the EasyJetwash logo is nothing like the airline.
In any case, easyJet sent EasyJetwash a cease and desist to stop using the logo. Jozsef Spekker, the owner of EasyJetwash, disagreed and declined to change. A lawsuit was filed and Spekker decided to settle… purportedly he will have to pay easyJet “significant damages and legal costs without having to go to a full trial in court.”
I’m not an expert in English trademark law, but I simply don’t see that confusion is reasonably possible. Do you? Does EasyJetwash really take “unfair advantage” of the easyJet trademark?
“Mr Spekker deliberately set out to profit from the reputation of easyJet, the world-famous airline, by using the exact word in his domain. Adding another word after a famous brand does not allow you to take advantage of the goodwill associated with that brand.”
But the settlement is done…Spekker now has 18 months to come up with a new name for his business (the name Stoke Jetwash has been floated).
I think this is an issue more for the “easy group” of which easyJet is just one sub. They have a bus service, they’ve had hotels, cafes, cruise lines, cinemas, and even a pizza chain. easyJetwash certainly sounds like it could be part of the easy group. I think this was the right call
See https://en.m.wikipedia.org/wiki/EasyGroup and go to “corporate affairs” and then “legal action”
New website is http://www.stokejetwash.co.uk