A dispute over the use of a trademark for fundraising has been admitted to the fast track Commercial Court.
The case has been brought by the UK-registered easyGroup against another UK entity over the use of the word “easyfundraising” and the easyFundraising.ie internet domain.
EasyGroup Ltd and easyGroup IP, part of the Stelios Haji-loannou-founded “easy family”, is suing Easyfundraising Ltd and The Support Group (UK) Ltd, which operate a for-profit service enabling fundraising activities in the UK.
EasyGroup owns the easy brand and licenses it to the airline easyJet, which was founded by Haji-Ioannou and in which he retains a shareholding.
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EasyGroup claims the defendants have infringed and/or intend to infringe its easyFundraising.ie mark which permits members of the public to book and compare travel and accommodation services in a manner that enables fundraising for the Irish Red Cross.
EasyGroup says the use of the UK marks by Easyfundrasing Ltd, which operates an easyfundraising.org.uk website, is likely to cause confusion among the public because of the use of signs that are identical or similar to the easyFundraising.ie mark.
It says the British website is accessible outside the UK and targets members of the public here and in the rest of the EU. Its profile is available on the main social media sites.
It claims Easyfundraising Ltd has targeted members of the public by enabling fundraising of some 42 charities including Breast Cancer Ireland, Christian Endeavour Ireland, All Ireland Disc Golf, the Big House Ireland, Ireland Colliery Chesterfield Band, Rotary Doctor Bank of Great Britain and Ireland, the London Irish Centre, and European Animal Welfare.
It also claims further, or alternatively, that it takes unfair advantage of, or is detrimental to, the “distinctive character or the reputation of the easyFundraising.ie mark.
It seeks a declaration that the use of the sign and name “Easyfundraising” constitutes an infringement of its EU trade mark and an injunction restraining the defendants from its use.
It further seeks an order that the defendants take all such steps within their powers to restrict access geographically of the internet domain name easyfundraising.org.uk from the EU.
The case was admitted to the commercial list on consent between the parties on Monday by Mr Justice Mark Sanfey. The judge approve directions for the progress of the case and adjourned it for mention in April.
