Within the last year, easyGroup, which owns the budget airline, has filed trademark claim after trademark claim in UK courts. In October, an indie music band then-known as Easy Life, was forced to give up the name, believing the band lacked the resources to fight the lawsuit against them.
The David and Goliath clash drew headlines and will do little to inspire empathy for easyJet, who appears to be using their vast resources to crush those with less. To compound this, another target for a lawsuit from easyGroup was easyfundraising, a charity shopping website.
So yes, easyGroup appear to have won the battle over the use of the word âeasyâ in its suits so far, but at what cost? The brand appears petty - and âa bit meanâ as easyfundraisingâs chief executive, James Moir, put it. Itâs a lesson for any business, particularly startups with goals of growth. At a time when everyone is struggling, this sort of behaviour doesnât come across well. Reputation-wise, it would have been better to take a bit more time to consider whether taking legal action was actually worth it.
IP infringement is vast in the creative and brand world and requires careful consideration â and legal advice â for every company as it builds its brand. For startups, this means looking ahead to the future: what elements and inspiration are you building your brand on? Could this become a costly issue later? But also, what sort of brand do you want to be and what ethos will you operate with once you gain success?
Safeguarding trademarks and copyrights is, of course, incredibly important but the question is: where do brands draw the line? Does a bandâs use of the word âeasyâ really infringe on easyJetâs overall brand? No-one is likely to mistake a small indie band in Camberwell for the budget airline, theyâre in completely different sectors. Furthermore, Easy Life hadnât used all those other brand cues that are so associated with easyJet: the lowercase, rounded âeâ or its particular hue of orange. A brand is about so much more than just a name, thatâs only one component, visual cues, tone of voice, and customer service all impact how people experience a brand overall. The real problem for Easy Life was that even if they could have eventually won, they couldnât have survived the long and costly legal battle.
So, instead of taking heavy-handed legal action, responding to branding overlaps with humility or humour can be much more powerful tools. When M&S sued Aldi over its Cuthbert the Caterpillar cakeâs similarity to M&Sâ Colin the Caterpillar cake, Aldiâs humorous response won a lot of public support.
One of the reasons that Aldiâs â#freeCuthbertâ campaign worked so well was because it fitted in with the supermarketâs reputation as a cheap and cheerful â and somewhat cheeky â brand. The problem for easyJet is that suing a small band or a charity website who donât have the same resources does not align with its stated brand values of being âwarm and welcomingâ and supporting everyday people through its low prices.
Similarly, energy drink giant Monster Energy sued a small online fishkeeping forum Monster FishKeeper in 2012, which wanted to sell logo t-shirts to other fish fanatics. A big corporation suing a small business-owner doesnât really match up to Monster Energyâs ârebelâ ethos, although the drink behemoth has since become known as the worldâs biggest âtrademark bullyâ for its continuous litigations against smaller companies for apparent trademark infringements.
For any brand that undertakes this kind of costly, and frankly mean-spirited, litigation against smaller ones, it means the masks slip a little. It shows that those brand values they espouse, the ones they say they live, that they post on their websites, perhaps donât truly permeate throughout the whole of the company, as they would want customers to believe and that is dangerous to a brandâs reputation and future.
Additionally, even with their vast resources, these companies are spending a lot of time and energy on these sorts of cases, time and energy that could be spent improving products or customer service.
In response to the latest news about easyJetâs trademark claim, a spokesperson told The Guardian that easyGroup âown the right to the âeasyâ brand nameâ and âcannot allow unauthorised third parties to simply use it free, gratis and for nothing. That would be very unfair.â But surely, itâs unfair that one group has laid claim to all use of the word âeasyâ. If youâre going to use a ubiquitous word for your brandâs name then youâre running a certain risk that others could also use it in some way, and what right do you have over something in such common use?
Of course, protecting your brand assets and identity is important, but the name alone is only one element. Instead, every business â whether a startup on an upward trajectory or an established brand â take a pause. If youâre thinking of borrowing even just a small part of a high-profile brand, or youâre the high-profile brand in question, is it really going to be worth the damage a legal battle can cause?
Sally Tarbit is a Director at The Team.