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Premier Inn Hotels Ltd., the United Kingdom's largest hotel chain, has launched a bold legal offensive, seeking the invalidation of EasyGroup's "easyHotel" trademark. This salvo comes in response to allegations of trademark infringement over Premier Inn's "rest easy" marketing campaign.

EasyHotel TM Revoking Request : Premier Inn Strikes Back

On October 5, Premier Inn struck back with a High Court counterclaim that it has now made public. The hotel giant argues that EasyGroup's roster of marks, which includes various versions of "easyHotel" and "easy," is fundamentally flawed. Premier Inn contends that these marks consist of distinct signs but were erroneously registered as one.

This legal showdown rekindles a thorny issue stemming from the Court of Appeal's ruling in Comic Enterprises v. Twentieth Century Fox Film Corp, which upheld the registration of a series of similar marks as a single entity. Notably, although the UK Supreme Court initially agreed to hear the case, it ultimately concluded with a settlement between the parties. Nevertheless, Premier Inn asserts that the principles enunciated in the case remain binding on the High Court and offers a potential roadmap for their counterclaim.

Premier Inn vs. EasyGroup

Premier Inn not only challenges the validity of EasyGroup's marks but also mounts a vigorous defense against EasyGroup's infringement claims. The hotel giant pledges to persist in using its "rest easy" slogan, introduced in April 2021 as part of a rebranding campaign.

Premier Inn vehemently denies EasyGroup's assertion that the standalone use of "easy" or in conjunction with other elements retains a distinctive character in the hotel sector. It underscores the marked dissimilarity between the "easyHotel" mark, adorned with its distinctive font and orange and white colors, and its own symbol—a smiling moon and stars against a purple background.

Different Worlds, Different Markets

Further confounding EasyGroup's infringement claims, Premier Inn argues that it was never in direct competition with easyHotel. Instead, it identifies Travelodge, Holiday Inn Express, and Ibis as its true rivals. Premier Inn emphasizes that it caters to budget-conscious travelers but distinguishes itself as a versatile lodging choice, unlike easyHotel, which it characterizes as a "super-budget" establishment.

EasyGroup had initially accused Premier Inn of attempting to deceive customers by deploying a slogan strikingly similar to easyHotel's "stay easy, stay safe" advertising message launched in 2020. The lawsuit maintains that Premier Inn's use of "easy" in its signs for identical services could confuse potential hotel guests, tarnishing EasyGroup's storied reputation.

EasyHotel TM Revoking Request : Battle for the Trademarks

While Premier Inn seeks to invalidate the trademarks, EasyGroup pursues damages and an injunction to prohibit Premier Inn from further using the slogan. Additionally, EasyGroup demands a declaration that Premier Inn's trademarks tied to the phrase are without validity.

Counsel and representatives for both Premier Inn and EasyGroup were not available for immediate comment.

Premier Inn is represented by Emma Himsworth KC and Alaina Newnes of One Essex Court, with David Stone of Allen & Overy LLP acting as their counsel.

EasyGroup is represented by Stephanie Wickenden and Stefano Braschi of Serle Court, under the guidance of Rob Jacob from Stephenson Harwood.

This high-stakes legal clash unfolds in the Chancery Division of the High Court of Justice of England and Wales, with the case registered as easyGroup Ltd. v. Premier Inn Hotels Ltd., claim number IL-2023-000155.