THE FUTURE'S ORANGE FOR BRITISH IP LITIGATORS

The Register reports that mobile operator Orange is suing easyGroup to stop it using the colour orange when it launches its easyMobile mobile phone services next month. Ironically Stelios Stelios Haji-Ioannou, who founded easyGroup with its bright orange livery, is himself an enthusiastic litigator, having sued numerous enterprises that employed the word "easy" in their names. They were accused of passing off or of confusing customers into thinking they were dealing with part of the easyGroup. Companies accused included easyprotest, easyart, easirent and easyrentaped. But this time Stelios will be at the receiving end. Orange believes easyMobile's logo and colour, both orange, are likely to confuse customers. Despite a series of meetings since August the two have failed to find a mutually acceptable solution. Orange said:

"Our brand, and the rights associated with it are extremely important to us. In the absence of any firm commitment from Easy, we have been left with no choice but to start an action for trade mark infringement and passing off."

Stelios responded:

"I will see them in court. It is our right to use our own corporate colour for which we have become famous during the last 10 years...They are clearly worried about the competion."

T-Mobile is providing the network for easyMobile. It is based on the "Telmore concept" - a low cost, web-based business model described as "the Easyjet of telecoms".

Orange phone's orange



easyGroup's orange

Real orange

The IPKat says this illustrates beautifully the problem of allowing monopolies in the use of colours where businesses converge. Merpel says it's tough being a cat when you can't rely on your colour vision -- but doesn't that apply to plenty of humans too?

It's not so easy to monopolise the colour orange, according to the European Court of Justice here
The need to keep colours free for all to use here