The High Court has rejected claims on the basis of trade mark infringement brought by easyGroup Ltd, the owner of the various ‘easy’ businesses such as easyHotel and easyJet, against the UK budget hotel chain Premier Inn for its use of the term ‘rest easy’ in advertising and promotional materials.
Premier Inn was described as the “largest hotel brand” in the UK by Judge Ashworth, who also noted that the hotel chain had “advertised significantly” throughout their existence and brought up the most memorable advert which featured Sir Lenny Henry sleeping in one of its beds.
The term “rest easy” has been used by Premier Inn in their advertising and promotional campaigns since April 2021, alongside their distinct moon and star logo. EasyGroup claimed that the use of this term amounted to an infringement of a number of its UK registered trademarks including “easyHotel” and “Rest Easy Apartments” under section 10(2) and 10(3) of the Trade Marks Act 1994, alleging that use of the term would cause confusion on the part of the public, and unfairly exploited the reputation of the marks.
Judge Ashworth ruled that the average UK consumer would not make a connection between Premier Inn’s use of the term and the easyGroup trade marks, stating that there is “no realistic possibility of anyone looking at Premier Inn’s signs and being confused”.
This judgement shows the reluctance of the courts to allow brand owners to use trade mark law to shut down fair competition where there has been no real harm to a brand’s distinctiveness, or where there is not a likelihood of confusion. EasyGroup has already announced its intention to appeal the decision, so it will be interesting to see whether they will be successful in their action should it reach the Court of Appeal.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
