It is unlikely the public would think the band’s music business originated
from or was connected with easyGroup. easyGroup has lost a previous dispute with EasyRoommate where it was determined that easyGroup’s trade mark was descriptive and not valid because distinctiveness has a very high threshold which the EASY trade mark did not meet on its own. In addition, easyGroup has lost marks such as EASYOFFICE in the past due to non-use. easyGroup’s EASYLIFE mark was filed in 2020 therefore the band may have been able to rely on their prior use of the name Easy Life since 2015 (when the band played their first gig) to invalidate easyGroup’s EASYLIFE mark. Nevertheless, in a statement made on social media, the band expressed
their inability to fight a costly legal battle against such a large corporation, saying: “They’re forcing us to change our name or take up a costly legal battle that we could never afford. Although we find the whole situation hilarious, we are virtually powerless against such a massive corporation.” Hard Life have announced a new single, Tears, which included a lyric
referencing Stelios Haji-Ioannou. easyGroup’s representatives claimed the lyric is ‘disparaging and defamatory,’ alleging it breached their settle- ment agreement, which resulted in Hard Life releasing a new version of their song with amended lyrics a couple of days after the original version was released. In conclusion, if we can learn anything from Hard Life’s legal challenges,
it is worth seeking brand clearance from intellectual property specialists before proceeding with a brand name or imagery and it is important to consider trade mark registration for additional protection. The specialist Intellectual Property team at Howes Percival are experi-
enced in advising clients on all aspects of brand protection and potential intellectual property infringement.
If you would like to get in touch in relation to any of the issues raised in this article or any other Intellectual Property matters, email:
zara.khan@
howespercival.com Contact Howes Percival on 01604 230400 or visit the website
www.howespercival.com
To prove trade mark infringement,
easyGroup would need to show that the band were using either an identi- cal mark in respect of identical goods or services, or an identical or similar mark in respect of similar goods or services with a likelihood of confusion by the public, or the band’s use of the marks took unfair advantage of, or is detrimental to, the distinctive char- acter or repute of easyGroup’s trade marks. easyGroup argued that the band were riding on the coattails of their valuable reputation. It is difficult to determine who would have won if proceeded to trial.
the case had Insofar as the
poster is concerned (which was clearly satire), whilst parody can be a defence against copyright infringement, there is no similar defence for trade mark infringement.
11
Images from easyGroup’s Particulars of Claim fi led with the High Court.
CREATIVE MARKETING
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