Easy Life legal row: The charity brand taking on easyGroup – and what happens next for Leicester band?
“Thanks so much for celebrating our story with us,” was the message from Easy Life, after playing their final gigs under that name. “See you later, maybe never.”
For the band and their thousands of fans, hopefully there will be another chapter.
The two gigs, hastily organised for London and their hometown of Leicester, came less than two weeks after they announced they were being sued by easyGroup, holding company for easyJet and other “easy” brands, over their name.
While it seemed “hilarious” to the band at first, they quickly realised this was no joke. In easyGroup’s lawsuit it was pointed out they had used an image of an orange and white plane, similar to the branding for easyJet, for their Life’s A Beach tour, among other accusations about reputational damage. In a statement, EasyGroup founder and chairman Sir Stelios Haji-Ioannou labelled them “brand thieves”.
The band’s supporters – including fellow musicians such as Professor Green, Arlo Parks and Mahalia, several MPs, plus UK Music chair and deputy Labour leader Tom Watson and Tom Gray, the chair of the Ivors Academy – argued any similarities were tongue in cheek and harmless, with plenty of fans offering to support a crowdfunder to raise money for legal fees.
Easy Life themselves said they were “certain in no way have we ever affected their business”.
‘David v Goliath’
Pic: AP/Scott Garfitt
It was a blow that seemingly came from nowhere after a huge year: their biggest ever headline show at London’s Alexandra Palace and plans for a third album to follow their first two in 2021 and 2022, which both charted at number two in the UK. In 2022, they played Glastonbury’s famous Pyramid Stage. It was all a long way from their first gig – “no one was there, lol”, they joked on Instagram recently – in 2015.
But after initially hoping to fight the case, which they said would cost hundreds of thousands of pounds, they were forced to concede defeat, realising essentially it was “David vs Goliath – and our British legal system favours Goliath”.
“Perhaps our case will help provoke a dialogue around legal reform and justice being available to all,” they wrote in a letter to fans shared on their website.
EasyGroup have launched similar lawsuits before, detailing those that have been successful on their website – and hitting out at those who “think they can make a fast buck by stealing our name and our reputation”.
‘We are very confident’
James Moir, head of the charity shopping site easyfundraising, understands the band’s situation, as his company is facing a similar claim by easyGroup, brought in February 2022. Mr Moir says they will fight their case in court in 2024 – again, at a cost of hundreds of thousands of pounds.
“It’s been incredibly drawn-out,” he said. “It’s a difficult thing to take on, hugely costly. We are very confident, that’s part of the reason we’re fighting this, but even [if you win] you don’t get all your fees back. So this is going to cost us.”
Easyfundraising’s company trademark was approved in 2010, he said, and there is nothing “remotely similar” to the easyGroup brand – aside from the word.
“It’s ludicrous,” he said. “No one owns the word ‘easy’.”
Mr Moir said he sympathises with Easy Life having to make the “impossible decision” not to fight the case, adding: “There’s got to be a more sensible way that would be better, fairer for smaller organisations, better for not clogging up the court systems. Let’s be honest, this is about corporate bullying. That’s what’s at the heart of it.”
An easyGroup spokesperson said it would not comment further on the band at this time following their decision to change their name. Of the action against easyfundraising, the spokesperson said the company was “protecting the consumer from any confusion – remember as brand thieves they are not subject to our product/service standards”.
The spokesperson continued: “It needs to be repeated that many of our partners use the easy brand name and get up as part of their business strategy – in return for an annual royalty. It cannot be remotely fair for other third parties to just pick it up and use it for free.”
Easy Life’s Life’s A Beach tour poster was included in documents submitted to the High Court
Can you claim ownership of a word?
Several trademark and legal experts have been following the legal row since the story made headlines at the beginning of the month.
Emma Kennaugh-Gallacher, senior professional support lawyer at intellectual property (IP) experts Mewburn Ellis, says easyGroup has “long been zealous in policing the use of what it considers to be its proprietary ‘easy+’ mark”, but case law so far indicates “there is by no means an assumption that they can simply claim ownership to any easy+ phrase”.
It depends on context and history of use, among other factors, she added.
Josh Schuermann, IP expert for international law firm Reed Smith’s Entertainment & Media Group, says there has been an increase in these types of cases in recent years, due to social media making it “easier than ever” to create content and share information.
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Helen Wakerley and Isabelle Tate, partner and associate respectively at IP law firm Reddie & Grose, said that while easyGroup does not own the word “easy” it could argue that links would be made to its brands. Any action against the name of the band alone “would have made things more challenging” for easyGroup, they said – however, Easy Life’s use of easyJet livery on merchandise and tour posters had “muddied the issue”, as “there is no parody defence to trademark infringement, which exists in copyright law”.
And Jill Bainbridge, contentious intellectual property partner at the Harper James law firm, said that while the case may “be regarded as a David v Goliath situation”, easyGroup leaving a perceived infringement unchallenged could “open the door for others to follow suit”.
‘There should be a quicker way’
For the artists now formerly known as Easy Life, the case has brought an abrupt end to a band that was very much on the up. Fans now remain hopeful of seeing them return under a new name.
For easyfundraising, they await their day in court. “We remain confident,” says Mr Moir. “But I think this brings into question, how cases like this continue to be allowed to be brought.
“If an organisation such as ourselves has had a trademark approved for 13 years and there is, you know, a very, very quick understanding and you can look and say, we’re in completely different sectors, we do completely different things, we don’t have an orange logo – a very, very quick test to prove that there is no passing off [as another brand].
“Is there not a better way that cases like this could be dealt with? It just seems wrong on every level.”
Entertainment
Dance artist Moby on the destructive force of fame – and why he’s content being that ‘weird old guy’
He is the man behind the biggest-selling electronica record of all time, but the success of Moby’s album Play came with some unwanted side effects.
His fifth record, the album charted at 33 upon its release in the UK in May 1999, and fell out of the Top 40 after just a week. But despite the lacklustre initial response, Play started to pick up steam, slowly climbing the chart until it reached number one in April 2000.
It stayed there for five weeks and remained in the Top 40 until March 2001, re-entering the Top 100 several times over the next few years.
While Moby had experienced success with Go, the breakthrough 1991 single from his self-titled debut album, Play was next level. Even if you don’t know the album, you’ll know at least some of the songs – Porcelain, Why Does My Heart Feel So Bad?, Honey, and Natural Blues. The record was ubiquitous and fame hard to escape.
Pic: Adam Warzawa/EPA/Shutterstock
“I think fame and fortune are, probably, empirically two of the most destructive forces on the planet,” he says, speaking from his home in Los Angeles. “I mean, if fame and fortune fixed things, Kurt Cobain and Amy Winehouse would still be making records.
“I guess it’s a very easy system to buy into, especially in a place like… in New York, in Los Angeles, in these big cities that are driven by ostentation and consumption and the need for external validation. It’s hard to resist those temptations. But then… you look at the consequences of that.
“I’d rather try and live a rational life and not necessarily let other people’s concerns dictate what my concerns should be.”
Now sober and with a few years between him and those heady days of peak fame, in recent years Moby has been doing something few established stars in his position would do – giving his compositions away for free.
“I have a house, I have a car, I have some hoodies, I have food in the fridge, I don’t really need anything more,” he insists. “To live and work in a way where I’m not driven by money, why not use that as an opportunity?”
Selfless selfishness or selfish selflessness
Pic: Wael Hamzeh/EPA/Shutterstock
Over a decade ago, the musician came up with the quietly radical idea of making a free music licensing platform, MobyGratis. The idea was simple and rather exciting, he admits – to allow anyone unrestricted access to hundreds of his compositions to use them however they wish. From film scores to remixes, whatever.
“It’s either selfless selfishness or selfish selflessness, meaning I’m giving these things away but the benefit to me is I get to see what people do with it,” he says.
“There are a lot of things about the current digital media climate that are terrifying and baffling and confusing, but one of the things I love is the egalitarian nature of it.”
The idea of giving his music away for free runs somewhat contrary to the AI copyright battle many artists are currently speaking out over, with the likes of Ed Sheeran and Damon Albarn calling for greater protections in law to prevent artificial intelligence software from scraping their work to learn from it.
Remix culture and creative processes
“I completely appreciate and respect the concerns that other people have,” says Moby. “I think they’re incredibly valid… but for me personally, I don’t know. Maybe it’s naive and stupid of me, but I kind of just ignore it.
“I put this music out there and you sort of hope for the best, which probably is completely dim-witted of me. Part of remix culture is seeing how people reinterpret your work; sometimes it’s mediocre, sometimes it is bad, but sometimes it is so inspired, and I can actually learn a lot from other creative processes.”
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The dance artist also takes issue with how the act of giving and compassion more generally has come to be seen, and references Elon Musk‘s comments on Joe Rogan’s podcast in April, when the billionaire said: “We’ve got civilizational suicidal empathy going on.”
Moby says that while “we live in this world of fear, selfishness, desperation and viciousness”, he supports “anything that is a rejection of the manosphere… anything that rejects Elon and the idea that empathy is a weakness and reminds people that life can be simple and decent.”
He jokes: “I’m definitely becoming like the weird old guy that you’ll see in the mountains, sort of like not making eye contact and mumbling about chemtrails or something.”
This is a man who is aware his approach to fame, fortune and giving stuff away is somewhat out-of-keeping with the times we’re living in – but the thing is, Moby doesn’t seem to care.
Entertainment
Lawyer for Sean ‘Diddy’ Combs claims there was ‘mutual violence’ between him and ex-girlfriend
A lawyer representing Sean “Diddy” Combs has told a court there was “mutual” domestic violence between him and his ex-girlfriend Casandra ‘Cassie’ Ventura.
Marc Agnifilo made the claim as he outlined some of the music star’s defence case ahead of the full opening of his trial next week.
Combs has pleaded not guilty to one count of racketeering conspiracy, two counts of sex trafficking and two counts of
transportation for prostitution. If convicted, he faces up to life in prison.
Ms Ventura is expected to testify as a star witness for the prosecution during the trial in New York. The final stage of jury selection is due to be held on Monday morning.
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Why is Sean Combs on trial?
Mr Agnifilo told the court on Friday that the defence would “take the position that there was mutual violence” during the pair’s relationship and called on the judge to allow evidence related to this.
The lawyer said Combs‘s legal team intended to argue that “there was hitting on both sides, behaviour on both sides” that constituted violence.
He added: “It is relevant in terms of the coercive aspects, we are admitting domestic violence.”
A court sketch showing Sean ‘Diddy’ Combs (right) as he listens to his lawyer Marc Agnifilo addressing the court. Pic: Reuters
Ms Ventura’s lawyers declined to comment on the allegations.
US District Judge Arun Subramanian said he would rule on whether to allow the evidence on Monday.
Combs, 55, was present in the court on Friday.
He has been held in custody in Brooklyn since his arrest last September.
Prosecutors allege that Combs used his business empire for two decades to lure women with promises of romantic relationships or financial support, then violently coerced them to take part in days-long, drug-fuelled sexual performances known as “Freak Offs”.
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Sean Combs: A timeline of allegations
Combs’s lawyers say prosecutors are improperly seeking to criminalise his “swinger lifestyle”. They have suggested they will attack the credibility of alleged victims in the case by claiming their allegations are financially motivated.
The trial is expected to last around eight weeks.
Entertainment
Harvey Weinstein accuser says film mogul ‘took her soul’ during alleged sexual assault
An ex-model has tearfully told a court that being sexually assaulted by Harvey Weinstein when she was 16 was the most “horrifying thing I ever experienced” to that point.
Warning: This article contains references to sexual assault
Kaja Sokola told the film producer’s retrial that he ordered her to remove her blouse, put his hand in her underwear, and made her touch his genitals.
She said he’d stared at her in the mirror with “black and scary” eyes and told her to stay quiet about the alleged assault in a Manhattan hotel in 2002.
Ms Sokola told the New York court that Weinstein had dropped names such as Penelope Cruz and Gwyneth Paltrow, and said he could help fulfil her Hollywood dream.
“I’d never been in a situation like this,” said Polish-born Ms Sokola. “I felt stupid and ashamed and like it’s my fault for putting myself in this position.”
Weinstein denies sexually assaulting anyone and is back in court for a retrial after his conviction was overturned last year.
Read more: Weinstein is back in court – but what has happened to the #MeToo movement since 2017?
Weinstein denies the allegations. Pic: Reuters
The 73-year-old is not charged over the alleged sexual assault because it happened too long ago to bring criminal charges.
However, he is facing charges over an incident four years later when he’s said to have forced Ms Sokola to perform oral sex on him.
Prosecutors claim it happened after Weinstein arranged for her to be an extra in a film.
“My soul was removed from me,” she told the court of the alleged 2006 assault, describing how she tried to push Weinstein away but that he held her down.
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Ms Sokola – who’s waived her right to anonymity – is the second of three women to testify and the only one who wasn’t part of the first trial in 2020.
Miriam Haley testified previously in the retrial. Pic: AP
Miriam Haley last week told the court that Weinstein forced oral sex on her in 2006. The other accuser, Jessica Mann, is yet to appear.
Claims against the film mogul were a major driver for the #MeToo movement against sexual harassment and abuse in 2017.
Weinstein’s lawyers allege the women consented to sexual activity in the hope of getting film and TV work and that they stayed in contact with him for a while afterwards.
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