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Old 11-10-2011, 02:30:19 PM     #1 (permalink)
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Domain name issues with Easy Group

Intellectual Property Infringement

I have Sir Stelios of Easy Jet fame and his group of solicitors, claiming copywrite infringement, literary infringement, intellectual property infringement and so on and to this extent demanding handing over of our company domains and cessation of trading with threats of injunctions, damages, costs, etc, against ourselves for the continued use of our company domain Easygulet.com and Easygulet.co.uk

Despite the designs of Easygulet.com and EasyGulet.co.uk, its marketing and content, which bears no correlation or shares by way of any mark or services offered online, by way of its logos, colour scheme, or any such inference to that of the easy group plc; That may also suggest its operations in anyway bear reference too is supported by, or is part of the easy group plc and any of its registered product offerings/brand names and thus unlikely to cause by way of confusion to the consumers of the United Kingdom and Globally.

To this extent the easy group’s lawyers have written a number of times to us over a period of 7 months with continued threats of legal action unless we relinquish our web domains to them along with signed undertakings.

We have never made any reply to their letters in the past and would like to know if we are duty bound by any statutory UK law or by the rules of

PRACTICE DIRECTION – PRE-ACTION CONDUCT to make reply in anyway to their claims against us and if in not doing so could or will harm any defence that we would raise in reply to court actions taken if any.

I would also like to know if it is customary for the firm of lawyers acting for the claimants, to now also be calling us by phone and requesting us to make answer to their claims.

I would greatly appreciate your feedback and advice
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Old 11-10-2011, 03:06:25 PM     #2 (permalink)

 
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Hi and welcome

Might be best to look up things like easy pizza easypizza.co.uk and I think EasyGolf.co.uk who defended a similar claim.

There are a few examples which others may recall.
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Old 11-10-2011, 03:27:13 PM     #3 (permalink)

 
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Sir Stelios is not driving force of Easy Group PLC (EG) he is chasing his new dream fastjet.com.

Fav icon you use can be “seen as similar to” EG’s used on easyjet.com.

I wrote in this forum about disputes. ”It’s good to talk”. Its best to reply to letter but do not give in, you have to hold your own, think ahead. I have no experience at the court, but I am guessing that it could be taken against you for not replying to complainant for such long time.

Last edited by max_rk; 11-10-2011 at 03:28:45 PM. Reason: spell
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Old 11-10-2011, 03:34:17 PM     #4 (permalink)

 
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easyguletvip.com seems to be your domain also. Colors on navigation very orange.
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Old 11-10-2011, 03:38:23 PM     #5 (permalink)

 
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Probably best you talk to http://www.adlexsolicitors.co.uk/ they are very experienced and receive many recommendations here.

If I recall correctly, someone said they provide a free initial consultation too.

Last edited by Ashton; 12-10-2011 at 07:09:37 AM.
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Old 11-10-2011, 04:07:25 PM     #6 (permalink)

 
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Worth a read...

http://www.pressbox.co.uk/detailed/M...ted_71152.html

If it were me, I'd pay for a decent IP solicitor to review the claims and shoot off a letter to them. Worth paying a few hundred quid to potentially "nip it in the bud" early - as tempting as it might be to simply tell them to F-off

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Old 11-10-2011, 04:23:33 PM     #7 (permalink)

 
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Regarding what Rob just said - the company that represented the respondent (easypizza not stelios!) has now represented at least 2 'easy' brand names successfully so might be worth getting in touch with them.

I imagine as soon as the lawyers for the easy group see 'memery crystal' on the letter they will back off!
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Old 11-10-2011, 09:06:17 PM     #8 (permalink)

 
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http://johnberryhill.com/

Not used him personally, but if I get any issues again - I probably will - got a very good record at defending domain holders and I don't think he charges for an initial chat.

As per your question; "I would also like to know if it is customary for the firm of lawyers acting for the claimants, to now also be calling us by phone and requesting us to make answer to their claims."

Yes, I have experienced this before - I said nothing and asked them to use email in future if they had any questions.
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Old 11-10-2011, 09:28:21 PM     #9 (permalink)

 
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Quote:
Originally Posted by BREWSTERS View Post
http://johnberryhill.com/

Not used him personally, but if I get any issues again - I probably will - got a very good record at defending domain holders and I don't think he charges for an initial chat.
Although the OP appears to have a .com, I've never known JB to act for a .uk Respondent.

Quote:
As per your question; "I would also like to know if it is customary for the firm of lawyers acting for the claimants, to now also be calling us by phone and requesting us to make answer to their claims."

Yes, I have experienced this before - I said nothing and asked them to use email in future if they had any questions.
There's nothing wrong with a lawyer approaching someone who doesn't have legal representation. However once they are made aware that the person does have legal representation, all correspondence should go there.
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Old 12-10-2011, 10:19:27 AM     #10 (permalink)

 
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Quote:
Originally Posted by Ashton View Post
Regarding what Rob just said - the company that represented the respondent (easypizza not stelios!) has now represented at least 2 'easy' brand names successfully so might be worth getting in touch with them.

I imagine as soon as the lawyers for the easy group see 'memery crystal' on the letter they will back off!
David Hansel, formerly of Memery Crystal, now has his own firm - Hansel Henson (www.HanselHenson.com).

He is the guy who represented EasyPizza and EasyArt (and I think some others) against EasyGroup. If you have a problem with EasyGroup - he would be the guy I would recommend.

Disclaimer - David is a friend of mine and someone I have done some work with.
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