The UK High Court has ruled in easyfundraising’s favour and against easyGroup in a landmark copyright infringement case.
In the ruling made today 11th September, Judge Mr Justice Fancourt ruled that: “Given my findings that there is no infringement of the Claimant’s marks by the Defendants nor any passing off, this part of the Claimant’s claim necessarily falls to be dismissed.”
Further it was said that “there is no evidence of any confusion on the part of any supporter around the time 2005-2007 (or indeed subsequently), despite extensive searches for such documents.”
Mr Justice Fancourt also ruled that “there is no evidence that easyfundraising obtained any unfair advantage in the establishment of its business as a result of its use of the word “easy”.”
The landmark ruling means that easyfundraising will now be able to focus on its business of helping charities and good causes raise money through its technology for good model.
The cashback platform allows online shoppers the chance to get money back for their favourite charity or good cause when they make purchases through the easyfundraising website or app.
Welcoming the landmark ruling, easyfundraising Chief Executive James Moir says: “Our decision to not back down against easyGroup’s ridiculous claims and tactics has been entirely vindicated. This whole case has taken up so many months of management and business time that could have been far better spent on our core business of helping charities and good causes raise as much money as possible. We hope that this judgement gives heart to others being sued by easyGroup that they can see them in court – and win."
He adds: “Essentially, this was a trademark case over the use of the word ‘easy’ in our name even though easyfundraising has existed for nearly 20 years. We have never claimed to be part of easyGroup - there would be no reason or reputational benefit for us to do this. It is telling that easyGroup were not able to produce a single piece of evidence showing any customer confusion has ever existed.
“We have never said we are a charity. We are a technology-for-good company that is benefiting charities and good causes throughout the UK to raise critical funds. This was very clearly understood and acknowledged by the Judge in his ruling.
"We are delighted that the ruling is so conclusive and that we can now get on with helping those that really need our time and focus.”
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