EasyGroup launches suit at US travel firm

Multinational conglomerate filed a lawsuit against a Florida-based travel company, and its directors | Allegations include trademark infringement and fraud at the USPTO | Travel company accused of damaging EasyGroup’s goodwill and reputation | Suit adds to history of EasyGroup’s multiple trademark suits.

EasyJet’s parent company has sued a Florida-based travel company for infringing its heavily protected ‘Easy’ marks in the promotion of its rental cars.

The conglomerate filed a lawsuit against ER Travel, as well as company directors Paul Hanley and Timothy Koehler.

The suit, filed at the US District Court for the Southern District of Florida on Friday, alleged trademark infringement, false designation of origin, unfair competition, cybersquatting, and fraud at the US Patent and Trademark Office (USPTO).

EasyGroup, known for managing and licensing an international family of marks prefixed with ‘Easy’, alleged that ER Travel and the individual defendants have infringed its trademark rights, causing damage to its goodwill and reputation.

In the US, EasyGroup owns 22 federal trademark registrations, including EasyJet, EasyCar, EasyBus, and others, all connected to transportation, tourism, travel, accommodations, rentals, leasing, and booking services.

EasyGroup provides travel to thousands of Americans travelling abroad and thousands of Europeans travelling to the US every year through travel agents and through its websites, said the complaint.

The multinational conglomerate has used the ‘Easy’ marks in the US since at least as early as 2005, and claimed to have spent “hundreds of thousands of dollars every year” promoting the marks as global brands and “building goodwill” in the marks.

ER Travel’s alleged fraudulent registration

According to the complaint, ER Travel, under the direction of Hanley and Koehler, have caused confusion among consumers.

EasyGroup argued that ER Travel began using the infringing ‘Easirent’ mark, originally launched by Hanley in the UK, and subsequently expanded its use to the US.

In 2017, Hanley’s company ER Travel filed an application for registration of the mark in the US for car rental services—which was approved by the examiner.

EasyGroup also took actions against Hanley and his companies in the UK and Ireland, which are ongoing.

Despite being aware of the lawsuits in the UK and Ireland, ER Travel “continued to target the identical travelling customer base by the easyGroup family of brands,” said the suit.

The complaint alleged that ER Travel expanded its use of the infringing mark in several states.

It also accused ER Travel of fraudulent registration of the ‘Easirent’ mark with the USPTO, as the examiner’s decision was influenced by confusing evidence and claimed use, according to EasyGroup.

EasyGroup sought damages and injunctive relief to prevent alleged further harm to its trademarks and reputation.

The complaint argues that ER Travel’s actions have caused irreparable harm to EasyGroup’s goodwill and reputation, according to EasyGroup.

EasyGroup’s vigilant TM protection

EasyGroup has a history of vigorously protecting its trademarks, suing global brands such as Netflix, Netlab International, and Porcher Industries.

In 2021 EasyGroup lost its bid to invalidate a trademark at the UK Intellectual Property Office (IPO).

Automaker Auto Kelly successfully applied for the mark ‘EasyBike’ for goods and services related to electric bicycles in October 2019, after which EasyGroup applied to invalidate the registration in March 2020.

In 2020, EasyGroup took on Colombia-based Easyfly, while also embroiling Skyscanner and Kayak in the dispute— the suit was settled in 2021.

In a suit filed at the US District Court for the Southern District of Florida, the company alleged that Colombia-based Easyfly had copied its family of marks and is now selling tickets to US consumers.

The suit accused Easyfly with “the intent of copying easyGroup’s highly successful ‘easy’ family of marks in general and ‘easyJet’ in particular”.

It also named travel companies Kayak, Skyscanner and Smartfares in the complaint, all of which promote travel fares and direct customers to ticket vendors.

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