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.”
It’s like The Godfather, one reformed drug trafficker tells me.
The mythical gangster film centred on an organised crime dynasty locked in a transfer of power.
Communities in Scotland currently have a front row seat to a new war of violence, torture, and taunts as feuding drug lords and notorious families grapple for control of Glasgow and Edinburgh.
There have been more than a dozen brutal attacks over the past six weeks – ranging from fire bombings to attacks on children and gun violence.
A firebomb attack in Scotland
Victims left for dead, businesses up in flames
Gangsters have filmed themselves setting fire to buildings and homes connected to the associates and relatives of their bitter rivals.
The main aim, they boast, is to “exterminate” the opposition.
The taunting footage, accompanied by the song Keep On Running by The Spencer Davis Group, has been plastered over social media as part of a deliberate game of goading.
A 12-year-old boy and 72-year-old woman were left for dead when teenagers wearing balaclavas burst into a home in north Glasgow.
Garages and businesses have gone up in flames. Shots were fired at an Edinburgh house.
Signals are being sent of who wants control of Scotland’s dark criminal underworld.
A firebomb attack that saw a man throw an incendiary device through a building window
The fire attack set to the song Keep On Running by The Spencer Davis Group
What’s caused the gang war?
The former director of the Scottish Crime and Drug Enforcement Agency, Graeme Pearson, explains how a “vacuum of leadership” is playing a part.
Last October, Glasgow-based cocaine kingpin Jamie Stevenson, known as The Iceman, was jailed after orchestrating a £100m cocaine shipment stashed in banana boxes from South America.
The mob leader was one of Britain’s most wanted, running his business like another on-screen criminal enterprise: The Sopranos.
The 59-year-old fugitive went on the run before eventually being hunted and apprehended by police while out jogging in the Netherlands.
Jamie Stevenson. Pic: Police Scotland
Pic: Crown Office
‘Old scores to settle’
But paranoia was running rife about how this notorious gangster could be brought down. Was there a grass? Was it one of their own?
It further fuelled divisions and forced new alliances to be forged across Scotland’s organised criminal networks.
It wasn’t until The Iceman case came to court that it was revealed an encrypted messaging platform, known as EncroChat, had been infiltrated by law enforcement.
It ultimately led to Stevenson pleading guilty.
Ex-senior drug enforcement officer Mr Pearson told Sky News: “It is a complex picture because you have got people who are in prison who still want to have influence outside and look after what was their business.
“On the outside you’ve got wannabes who are coming forward, and they think this is an opportunity for them, and you have got others have old scores to settle that they could not settle when crime bosses were around.”
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Graeme Pearson
Mr Pearson describes a toxic mix swirling to create outbursts of violence unfolding in Scotland.
He concluded: “All that mixes together – and the greed for the money that comes from drugs, and from the kudos that comes from being a ‘main man’, and you end up with competition, violence, and the kind of incidents we have seen over the past four to six weeks.”
New wave of violence ‘barbaric’
Glasgow man Mark Dempster is a former addict, dealer, and drug smuggler who is now an author and respected counsellor helping people quit drinking and drugs.
He describes the “jostle for power” as not a new concept among Glasgow’s high profile gangland families.
Mark Dempster
“There is always going to be someone new who wants to control the markets. It is like The Godfather. There is no difference between Scotland, Albania, or India,” he said.
Mr Dempster suggests a shift in tactics in Glasgow and Edinburgh in recent weeks, with 12-year-olds being viciously attacked in the middle of the night.
“It is barbaric. When young people, children, get pulled into the cross fire. It takes it to a different level.
“At least with the old mafiosa they had an unwritten rule that no children, no other family members. You would deal directly with the main people that were your opposition.”
Police Scotland is racing to get control of the situation, but declined to speak to Sky News about its ongoing operation.
It has been suggested 100 officers are working on this case, with “arrests imminent”.
But this is at the very sharp end of sophisticated criminal empires where the police are not feared, there are fierce vendettas and, clearly, power is up for grabs.
UK
Laws may need to be bolstered to crack down on exploitation of child ‘influencers’, senior MP suggests
Laws may need to be strengthened to crack down on the exploitation of child “influencers”, a senior Labour MP has warned.
Chi Onwurah, chair of the science, technology and innovation committee, said parts of the Online Safety Act – passed in October 2023 – may already be “obsolete or inadequate”.
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Experts have raised concerns that there is a lack of provision in industry laws for children who earn money through brand collaborations on social media when compared to child actors and models.
This has led to some children advertising in their underwear on social media, one expert has claimed.
Those working in more traditional entertainment fields are safeguarded by performance laws, which strictly govern the hours a minor can work, the money they earn and who they are accompanied by.
The Child Influencer Project, which has curated the world’s first industry guidelines for the group, has warned of a “large gap in UK law” which is not sufficiently filled by new online safety legislation.
Official portrait of Chi Onwurah.
Pic: UK Parlimeant
The group’s research found that child influencers could be exposed to as many as 20 different risks of harm, including to dignity, identity, family life, education, and their health and safety.
Ms Onwurah told Sky News there needs to be a “much clearer understanding of the nature of child influencers ‘work’ and the legal and regulatory framework around it”.
She said: “The safety and welfare of children are at the heart of the Online Safety Act and rightly so.
“However, as we know in a number of areas the act may already be obsolete or inadequate due to the lack of foresight and rigour of the last government.”
Victoria Collins, the Liberal Democrat spokesperson for science, innovation and technology, agreed that regulations “need to keep pace with the times”, with child influencers on social media “protected in the same way” as child actors or models.
“Liberal Democrats would welcome steps to strengthen the Online Safety Act on this front,” she added.
‘Something has to be done’
MPs warned in 2022 that the government should “urgently address the gap in UK child labour and performance regulation that is leaving child influencers without protection”.
They asked for new laws on working hours and conditions, a mandate for the protection of the child’s earnings, a right to erasure and to bring child labour arrangements under the oversight of local authorities.
However, Dr Francis Rees, the principal investigator for the Child Influencer Project, told Sky News that even after the implementation of the Online Safety Act, “there’s still a lot wanting”.
“Something has to be done to make brands more aware of their own duty of care towards kids in this arena,” she said.
Dr Rees added that achieving performances from children on social media “can involve extremely coercive and disruptive practices”.
“We simply have to do more to protect these children who have very little say or understanding of what is really happening. Most are left without a voice and without a choice.”
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The researcher pointed to one particular instance, in which children were advertising an underwear brand on social media.
She said: “The kids in the company’s own marketing material or their own media campaigns are either pulling up the band of the underwear underneath their clothing, or they’re holding the underwear up while they’re fully clothed.
“But whenever you look at any of the sponsored content produced by families with children – mum, dad, and child are in their underwear.”
Dr Rees said it is “night and day” in terms of how companies are behaving when they have responsibility for the material, versus “the lack of responsibility once they hand it over to parents with kids”.
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