Trademark bullying

RevoMark

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A case of trademark bullying? Trademark registration does not prevent the right to use words in a descriptive sense. Easy Jetwash for jetwashing services is just that - descriptive. There cannot be any confusion, dilution, or unfair advantage in these circumstances. Unfortunately a small business like this is unable to stand up for their rights.

https://www.bbc.co.uk/news/articles/c0xx94l61plo
 

RevoMark

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In instances like that, are they not able to just sit back and go with the flow until it reaches court with no legal fees and then once it reaches court let the judge decide?
The Intellectual Property Enterprise Court is a quicker and more cost effective forum to resolve IP disputes. However, companies like Easy Group would go to High Court as they know costs would be crippling to most. Unfortunately you cannot just sit back and do nothing. You would actively need to defend in the event of a summons being issued.
 
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Ozzy

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    You would actively need to defend in the event of a summons being issued.
    But surely you could self-represent and continuously reply to each letter simply saying 'We dispute the claim' and just wall the attack with a copy-and-paste reply to all communications—we dispute the claims...until it reaches court.
     
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    RevoMark

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    But surely you could self-represent and continuously reply to each letter simply saying 'We dispute the claim' and just wall the attack with a copy-and-paste reply to all communications—we dispute the claims...until it reaches court.
    You can self represent but you would still need to defend and prepare and file your own papers
     
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    Easy Group are notorious for this - and whilst aggressive in their approach it's not entirely unreasonable.

    Stark reality - Mr Jetwash is almost certainly more attached to his brand than his customers are - a simple change will cost a few quid, but will also add to the publicity he has already generated for himself.

    Easy!
     
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    WaveJumper

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    Easy Group are notorious for tis - and whilst aggressive in their approach it's not entirely unreasonable.

    Stark reality - Mr Jetwash is almost certainly more attached to his brand than his customers are - a simple change will cost a few quid, but will also add to the publicity he has already generated for himself.

    Easy!
    Agree with Mark here the Easy Group I think (at the last count) have about ten companies currently with the Easy title so Mr jet Wash unfortunately would in my humble opinion be fighting a losing battle. As suggested make the most of the PR generated to date milk it for all you can get and change the name.
     
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    fisicx

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    Stark reality - Mr Jetwash is almost certainly more attached to his brand than his customers are - a simple change will cost a few quid, but will also add to the publicity he has already generated for himself.
    Just getting on the BBC website will have got him a bunch of new clients so the publicity has worked in his favour.
    You can self represent but you would still need to defend and prepare and file your own papers
    Not that difficult to do. Let EasyJet rack up the costs and then capitulate after you have got a whole load of publicity about how big business is shafting the little man.

    Unlike these people who clearly knew what they were doing:

     
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    Mr Jetwash is almost certainly more attached to his brand than his customers are
    And there you have it!

    Changing the name is probably quicker, easier, cheaper and less stressful than fighting a court case.
     
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    RevoMark

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    IanSuth

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    The big boys don't always win - this was last week

    The ECJ, the continent’s second-highest court, sided with Supermac’s, which argued that McDonald’s had not made genuine use of the Big Mac name. Pat McDonagh, managing director of Supermac’s, hailed the decision as a “significant victory for small businesses” worldwide, emphasizing the triumph of David over Goliath.

    McDonagh stated, “We knew when we took on this battle that it was a David versus Goliath scenario. The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition.”
     
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    RevoMark

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    The big boys don't always win - this was last week

    The ECJ, the continent’s second-highest court, sided with Supermac’s, which argued that McDonald’s had not made genuine use of the Big Mac name. Pat McDonagh, managing director of Supermac’s, hailed the decision as a “significant victory for small businesses” worldwide, emphasizing the triumph of David over Goliath.

    McDonagh stated, “We knew when we took on this battle that it was a David versus Goliath scenario. The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition.”
    Hats off to Supermac's for fighting for their rights. I wish consumers would shun the bullies, vote with their feet and go elsewhere.
     
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    BusterBloodvessel

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    Agree with Mark here the Easy Group I think (at the last count) have about ten companies currently with the Easy title so Mr jet Wash unfortunately would in my humble opinion be fighting a losing battle. As suggested make the most of the PR generated to date milk it for all you can get and change the name.

    10 and then some! The brand is licensed for all sorts now, many of which sadly I think are a world away from the brand values that made easyJet what it is. There's a number of failed ones too - many have been great ideas but have either been too early in a number of cases and/or have been badly executed, in my opinion.

    I've followed (and still follow) easyGroup for years. One of my earliest memories of loving the idea of "business" was as a kid, watching Airline when Stelios completely and utterly sabotaged BA's launch of GO airlines by booking a load of seats on the inaugural flight and turning up in orange boiler suits! I thought it was a brilliant PR stunt and great fun and I've took an interest in easyGroup ever since and the different ventures. The absolute hounding of so called brand-thieves though does sadden me - I know it's not unique to them, and I know they have got to protect the brand but in instances such as this with completely different styling/colouring/products/service to anything in the group you do wonder realistically whether they would have a leg to stand on should it make it as far as court. They know though that it never will get that far.
     
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    Hats off to Supermac's for fighting for their rights. I wish consumers would shun the bullies, vote with their feet and go elsewhere.
    I'm not sure where you're coming from here?

    On one hand you seem to be promoting the idea that businesses should protect their brand, on the other you are criticising them for defending it?
     
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    RevoMark

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    fisicx

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    It's not just easy group. This sort of thing has been happening for years. If you do stand up to them expect big legal bills. Which is why most people capitulate.
     
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    RevoMark

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    It's not just easy group. This sort of thing has been happening for years. If you do stand up to them expect big legal bills. Which is why most people capitulate.
    Exactly and they know it which is why they keep doing it. Public pressure/support and a collective refusal to support their businesses is one way to deal with a bully.
     
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    fisicx

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    Exactly and they know it which is why they keep doing it. Public pressure/support and a collective refusal to support their businesses is one way to deal with a bully.
    Not going to happen. Customers of EasyJet and others don't give a monkey's about a bloke and his jet washing business.

    Remember all that noise about Facebook and Cambridge Analytica? A week after the event it was business as usual. Nobody cares.
     
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    sarky

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    A case of trademark bullying? Trademark registration does not prevent the right to use words in a descriptive sense. Easy Jetwash for jetwashing services is just that - descriptive. There cannot be any confusion, dilution, or unfair advantage in these circumstances. Unfortunately a small business like this is unable to stand up for their rights.

    https://www.bbc.co.uk/news/articles/c0xx94l61plo
    You might like story of T-Mobile trademarking the colour magenta: "You're talking about the one of the three ink cartridges in every printer in the world. The idea that a company can trademark it and own it, just defied belief and I was in a state of disbelief."

     
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    DontAsk

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    BusterBloodvessel

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    Sorry the actions of Easy Group are getting beyond ridiculous. It is time someone stood up to them.

    Easy Life band renamed after EasyGroup legal row - www.bbc.co.uk/news/articles/ce44z7pgn29o

    TO be fair I think the easyLife one was a bit different as they were using the name stylised in the Easy orange/font, not to mention posters etc. with pictures of easyJet planes on them, i think some of them photoshopped with some unsavoury connotations/phrases. I can understand in this case easyGroup wanting to shut it down.

    A bit different in my opinion to a yellow and green jetwashing logo for a one man band.
     
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    DontAsk

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    A bit different in my opinion to a yellow and green jetwashing logo for a one man band.
    Indeed. You simply should not be able to trademark the word "Easy" on it's own or in combination with other words. If you imitate the branding then that's a different matter.

    In the US (maybe here?) it's supposed to be based on idea v expression. You can't copyright or trademark an idea, only a specific expression of that idea.
     
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