Judge puts court row over words 'rest easy' to bed

Premier Inn Hotels has won a High Court trademark fight with easyGroup

A hotel chain has won a High Court trademark fight with a group that includes the easyJet airline over its use of the words "rest easy".

Lawyers representing easyGroup claimed Premier Inn Hotels, based in Dunstable, Bedfordshire, had infringed its trademark rights regarding some terms containing the word "easy".

But a judge, who heard that Premier Inn used the words in advertising and promotions, ruled against easyGroup.

Deputy High Court judge Lance Ashworth published a ruling online after considering evidence at the Rolls Building in London in April.

The judge said easyGroup owned intellectual property rights in various "easy" businesses founded by Sir Stelios Haji-Ioannou.

He said the best-known business in the group was easyJet, which has offices at Luton Airport.

Judge Ashworth said easyGroup had brought claims under the Trade Marks Act 1994.

Sir Stelios Haji-Ioannou founded easyJet in the 1990s and it sparked the creation of a global brand

Judge Ashworth said Premier Inn was the UK's "largest hotel brand" and had more than 840 hotels and more than 83,500 rooms.

He said it had "advertised significantly", perhaps "most memorably" using comedian Sir Lenny Henry "sleeping in one of their beds".

The judge heard that Premier Inn advertised and promoted its "hotel and related services" using:

• A "distinctive anthropomorphic moon and star device on a purple background" - together with the sign "PREMIER INN"

• And the phrase "Rest easy" below it

Lawyers representing easyGroup alleged infringement of trademarks including "easyHotel" and "Rest Easy Apartments".

They complained that Premier Inn's words could cause confusion, but the hotel chain disagreed.

The judge said Sir Stelios had not been called to give evidence at the hearing.

Judge Ashworth said easyGroup was a "frequent litigator in protection of its trade marks"

Judge Ashworth explained how, in 2023, easyGroup's solicitors had written to Premier Inn.

He said they had set out "at some length" the development of the "easy family of brands" and complained about Premier Inn's terminology.

"The letter said that it was important to easyGroup that any likelihood of confusion or link between Premier Inn's Rest easy branding and easyGroup's brand was removed," said the judge.

"The response from Premier Inn's then solicitors... was robust, stating that the concerns raised were entirely without merit."

Judge Ashworth ruled in favour of Premier Inn and concluded that the "average consumer" would not "make a link" between Premier Inn's signs and easyGroup trademarks.

He said easyGroup's claims for "infringement" of "Rest Easy Apartments", "easyHotel" and "easy" had failed.

The judge added: "In the circumstances, easyGroup's claim is dismissed."