A website facing legal action from EasyJet founder Stelios Haji-Ioannou’s Easygroup targeted Irish customers with ads for Aer Lingus, Newbridge Silverware and other well-known brand names, the High Court heard.
Easygroup and an Irish subsidiary claim that British-based easyfundraising Ltd and The Support Group (UK) Ltd wrongfully used trademarks registered in the EU to the Haji-Ioannou controlled business.
Ads for Aer Lingus, Newbridge Silverware, Dublin Airport, Irish Ferries and Destination Killarney all appeared on the easyfundraising Ltd website, Imogen McGrath, Easygroup’s counsel, told the court on Wednesday.
This shows “access and engagement with Irish retailers and Irish consumers”, something that easyfundraising maintains it has not been doing, she said.
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Lawyers for easyfundraising Ltd say the Irish courts have no jurisdiction to hear the case as the company is based in Britain and does not target customers in the Republic or EU.
The company argues that Easygroup cannot sue in courts here simply because people in the Republic or other EU states can access its website and that small numbers of them may have used it.
Haji-Ioannou’s group owns EasyFundraising.ie, through which customers book travel and accommodation deals while donating part of what they spend to the Red Cross.
Easyfundraising Ltd allows customers to buy goods and services and donate part of what they spend to charities that they select themselves from the website’s menu.
McGrath pointed out that the company benefits from recruiting customers and charities, as it splits the commission paid to those organisations.
Its engagement with Irish people and organisations “is far beyond coincidental”, she said.
Easyfundraising Ltd has a “tiny number” of customers from the Republic and other EU countries, its counsel, Jonathan Newman, told the court.
“There is no advertising in Ireland of the website,” he said.
Newman argued that the Irish businesses listed on the site sold their goods and services in the UK, while many of the charities involved were based in Northern Ireland.
More than 98 per cent of easyfundraising Ltd’s customers are based in Britain and the website is clearly aimed at UK customers, he added.
None of the businesses or charities are involved in the litigation.
