LONDON -(Dow Jones)- Orange, the wireless arm of France Telecom SA (FTE), said Friday it is starting legal action against easyMobile over its use of the color orange to promote telecommunications services.
"In the absence of any firm commitment from easy, we have been left with no choice but to start an action for trademark infringement and passing off," Orange said in a statement. Passing off is a legal term used to describe adoption of a trading style that confuses consumers into thinking it is connected with another business, it said.
Orange said it has negotiated with easyMobile for some six months but has been unable to secure a commitment from the company not to infringe its right regarding the use of the color orange.
Since its 1994 launch, Orange has become the U.K.'s largest wireless operator. In its marketing, the company played heavily on the color orange to build up its brand, and it was considered one of the most successful brand launches in the U.K.
"Our brand and the rights associated with it, are extremely important to us," Orange said.
EasyGroup, founded by Stelios Haji-Ioannou, has also had a lot of brand success using the color orange, although not yet in telecom services.
"I will see them in court," Haji-Ioannou said in an e-mailed statement. "It is our right to use our own corporate color for which we have become famous during the last 10 years. We have nothing to be afraid of in this court case."
EasyMobile plans to launch a wireless service in the U.K. in March.
The service will use the 'easy' brand that already promotes companies such as easyJet PLC (EZY.LN) and the easy Internet cafe chain. EasyMobile will be run by Denmark's TDC AS (TLD), which will lease capacity from T-Mobile International AG's (TMO.YY) U.K. network.
"They are clearly worried about the competition," Haji-Ioannou said of the Orange claim.
EasyMobile plans to add a disclaimer to the Web site Monday to say that it isn't connected to Orange, he said.
Company Web site: http://www.orange.com
http://www.easymobile.com
-By Nic Fildes, Dow Jones Newswires; +49 30 2888 410; nicolas.fildes@dowjones.com
(END) Dow Jones Newswires"
Posted to the site on 18th February 2005
Posted to: www.cellular-news.com/story/12079.php