November 2005
Stelios sees Orange over ongoing mobile debate
This month has seen the latest twist in the ongoing passing off and trade mark infringement dispute between Orange and EasyGroup over the right to use the colour orange for mobile phone services (see our March 2005 article).
Whilst the legal cogs continue to turn with all the pleadings now exchanged prior to a trial which, if the matter proceeds that far, is rumoured to be scheduled for October 2006 at the earliest the public face of the litigation continues to evolve.
A yacht named “The Orange Project” sponsored by telecoms company Orange unfortunately capsized during an international boat race leading to a good deal of sports publicity. However EasyGroup have used images of the capsized boat to taunt Orange with regard to the ongoing litigation. Stelios has added a headline outlining Orange’s legal position stating that "Orange want to stop easyMobile.com from using the colour orange! Stelios thinks that's rubbish! Tell us what you think ... for the chance to win a Caribbean Cruise."
The image of the stricken vessel was then placed as part of an advert in several national newspapers inviting readers to send in their captions with the promise of a free Caribbean cruise onboard an easyCruise boat for the winner.
BRIFFA Comment
The Easy Group has a reputation for being extremely litigious when it comes to protecting the “Easy” brand however it appears that he doesn’t take kindly to being on the receiving end of a taste of his own medicine. Whilst publicity can be used to great effect during litigation it is highly unusual (and perhaps ordinarily unwise) to use such publicity to antagonise your opponent.
Stelios previously made a statement against the action stating that “Not only we will not be passing ourselves off as them but also we want everyone to know that they are our enemy." Fighting talk without a shadow of a doubt but engaging in such blatant opponent baiting tactics may have mixed results. Whilst it may be very satisfying to see your opponent publicly humiliated it does not provide very good evidence of an intention to attempt settlement or to act in the spirit of the overriding objective of the Civil Procedure Rules i.e. an objective of dispute resolution.