Easyjet founder sues Netflix over comedy show Easy

The streaming service said in a statement that it thinks ‘viewers can tell the difference between a show they watch and a plane they fly’

EasyJet founder Sir Stelios Haji-Ioannou has launched legal action against Netflix, claiming the streaming company has breached trademark law with its comedy series Easy.

The series, which features an ensemble cast including Orlando Bloom, Zazie Beetz, Emily Ratajkowski and Dave Franco, launched on Netflix in 2016 and has run for two series. A third and final series was commissioned in August this year.

Sir Stelios, who now runs easyGroup, which includes brands such as easyHotel, easyGym and easyPizza, said: “I think this is a case of typically arrogant behaviour by a very large American tech company who never bothered to check what legal rights other companies have outside the US. When Joe Swanberg came up with the name ‘Easy’ for his new TV series a couple of years ago they should have checked with their European lawyers before using it.

“We own the European trademark for the word ‘easy’ and another one thousand trademarks with easy as a prefix and we can’t allow people to use it now as a brand name, especially when they are doing it mostly with our colours and font. At least I am pleased that Netflix have said that they will stop at series three anyway. However we have to stop them from promoting the older series in Europe for online streaming.”

A Netflix spokesperson: “We’re looking into it but think viewers can tell the difference between a show they watch and a plane they fly.”

Guy Wilmot, a partner at law firm Russell-Cooke, said that for easyGroup to succeed, it would have to establish that using the word “easy” in connection with the Netflix show would lead to a likelihood of confusion with the company’s registered trademarks, or that it would take unfair advantage of the firm’s reputation and brands.

EasyGroup could also argue that Netflix is passing off its goodwill in the word “easy”.

“EasyGroup does have a significant number of registrations in Europe for trademarks which include the word ‘easy’ and they clearly have a significant reputation for certain services, especially air travel services,” said Mr Wilmot.

However, he added that this “does not necessarily mean that it will succeed”.

“A trademark registration applies to specified goods and services and goodwill attaches to an existing reputation. If easyGroup’s marks are not registered for TV or entertainment-related services then it might struggle to establish infringement or passing off,” he said.

“Even if easyGroup has one or more trade mark registrations which cover entertainment, broadcasting or television services (which given the number of marks it has registered is possible) it can still lose the protection of the trademarks.

“There is a ‘use it or lose it’ rule under which easyGroup will lose the coverage of the marks in certain services if the trademark has not been used for those services within the last five years (if the mark is more than five years old).”

Mr Wilmot added that easyGroup might need to argue that Netflix is taking “unfair advantage” of its trademarks or passing-off, but said both these claims could be difficult to establish given that easyGroup’s goodwill and reputation is in other areas.

“In either case, easyGroup would have to show that there is some connection made between consumers of the Netflix show and easyGroup’s brands,” he said.