EasyJet has won a court case against an individual ordering him to
transfer the domain name easyRealestate.co.uk to easyJet and
requiring him to stop representing himself off as being connected
with the budget airline’s group of companies.
Dainty said he intended to establish a cut-price estate agency.
However, his site “bore a strikingly similar appearance in the
colours chosen and the design get-up to that of easyJet.” The judge
described easyJet’s get-up as portraying four distinctive
features:
- The name “easy” together with another word that alluded to the
service being offered;
- The word “easy” was always in lower case;
- The first letter of the second word was always a capital
letter; and
- The get-up was generally in plain white lettering against a
bright orange background.
EasyJet argued that Dainty’s site suggested an association with
it. Dainty, representing himself in court, argued that the airline
could not have exclusive use of the generic word “easy,” that
easyJet did not operate a property business and that he did not
intend to take advantage of the airline’s goodwill.
However, the court said there was a likelihood of deception
because of the four elements of easyJet’s get-up. The judge ruled
that, while the name alone did not amount to “passing off,” the
get-up in total was used for passing off.
EasyJet lost a case it brought for the domain name easy-jet.com
because the owner of that name argued that he planned to use the
name for a site selling ink jet cartridges. The site was not
created at the time of the hearing, so arguments over get-up could
not be made.
Reported court cases on domain name disputes are relatively
rare. More common are reports of decisions by the World
Intellectual Property Organisation (WIPO), an international
tribunal that offers comparatively cheap and fast dispute
resolution services. However, WIPO cannot hear disputes over .co.uk
domain names, making it an unsuitable forum for this case.
