Last week, the High Court ruled in favour of Premier Inn in a trademark dispute brought by easyGroup, the parent company of easyJet and easyHotel. The case centred on Premier Inn’s use of the slogan “Rest easy”, which easyGroup alleged infringes its “easy” trademarks.

The judgment, delivered by Deputy High Court Judge Lance Ashworth KC, found that the phrase “Rest easy” is a commonly used, descriptive expression and did not infringe upon easyGroup’s registered marks. The Court concluded there was no evidence of consumer confusion or brand dilution, and that easyGroup’s recent acquisition of the “Rest Easy Apartments” mark appeared to be strategically timed to support its claim against Premier Inn, rather than demonstrative of genuine brand use.

This ruling marks the latest setback in easyGroup’s long-standing strategy of aggressively defending its “easy” branding, following previous unsuccessful claims against entities such as Easyfundraising. The Court reaffirmed the principle that common language, such as the word ‘easy’ cannot be monopolised unless it has acquired distinctive character that leads to consumer confusion.

Premier Inn, part of Whitbread plc, welcomed the decision, affirming that the tagline was adopted to provide reassurance to customers — not to imitate or benefit from the “easy” brand identity.

Sir Stelios Haji-Ioannou, founder of easyGroup, has confirmed plans to appeal the ruling.

Berry Smith Bottom Line

This case reinforces the importance of:

· having a clear, proactive IP strategy (see here)

· conducting thorough searches before adopting descriptive marketing slogans; and

· understanding the limits of trademark protection over non-distinctive or generic terms.

Our Commercial and IP team regularly advises clients on trademarks and wider IP strategies. For expert guidance, you can reach our commercial lawyers at 02920 345511 or commercial@berrysmith.com