EasyJet loses case against Cyprus firm in Ireland court on use of name

DUBLIN, Ireland: The Irish High Court has ruled that EasyGroup Ltd and EasyGroup IP Ireland Ltd, companies linked to the EasyJet brand, cannot sue Easy Forex Trading Limited and its parent company, Blue Capital Markets Ltd, in Ireland over the use of the word "Easy" in their business name.

EasyGroup had claimed that Easy Forex's use of "Easy" in its name infringed on its intellectual property rights and sought an injunction requiring the company to stop using the name and rebrand. Easy Forex, an online financial trading platform, denied the allegations and argued that Irish courts do not have jurisdiction to hear the case under EU trademark regulations and the Recast Brussels Regulation.

Justice Michael Twomey ruled in favor of Easy Forex, declining jurisdiction and noting that the company is based in Cyprus and has only 16 clients in Ireland out of over 11,000 global users. The court found that the number of Irish clients did not constitute sufficient "targeting" of the Irish market, as required under EU law for a trademark case to be heard in Ireland.

The judge emphasized that the mere accessibility of Easy Forex's website and app in Ireland did not amount to targeted marketing towards Irish consumers. Evidence provided by Easy Forex showed that it had not invested in advertising in Ireland, in contrast to its significant marketing efforts in Spain, including sponsorship of the Real Madrid football team.

The court concluded that Easy Forex was not sufficiently targeted at Irish customers to be sued in Ireland for trademark infringement or passing off. The judge also commented that publicity surrounding the case could inadvertently drive more Irish consumers to the Easy Forex platform despite the lack of specific marketing efforts targeting them.

As a result, the court declined jurisdiction on the trademark infringement and passed off claims, adjourning the cost issue for one week.