Premier Inn's invalidity attack picks up an unresolved question from the Court of Appeal's decision in Comic Enterprises v. Twentieth Century Fox Film Corp , which upheld the registration of a series of similar marks as a single sign. Although the U.K. Supreme Court had agreed to hear that case, the parties ultimately settled. In light of that decision, which is binding on the High Court, Premier Inn said it was reserving the right to pursue the invalidity counterclaim if it ends up at the Court of Appeal. Premier Inn also attacked EasyGroup's infringement claims, saying that it would continue to use its "rest easy" slogan, launched in April 2021 as part of a rebranding campaign. "It is denied that 'easy' when used on its own or with other words or symbols retains independent distinctive character in the hotel sector," the defense said.
Premier Inn highlighted that the "distinctive" font and orange and white colors the "easyHotel" mark uses were not at all "visually and conceptually" similar to its own mark, which has a smiling moon and stars against a purple background, the defense says. Premier Inn further suggested that it was never even in competition with easyHotel, and only considered Travelodge, Holiday Inn Express and Ibis as its true rivals. It emphasized that while Premier Inn offers budget-friendly rooms, it was not a "budget"-only chain, unlike easyHotel, which it terms a "super-budget" chain in its counterclaim.
In its original claim, EasyGroup had argued that Premier Inn was trying to trick customers by using a slogan that was similar to the "stay easy, stay safe" advertising message that easyHotel had started using in 2020. "The reputation in easyHotel and in the easy mark is so strong that the defendant must have known that use of 'easy' as part of the defendant's signs for identical services" would cause potential hotel guests to get the rivals mixed up, EasyGroup alleged in the claim.
Premier Inn wants the trademarks invalidated. EasyGroup wants damages and asked the court to block Premier Inn from continuing to use the slogan. It also wants a declaration that Premier Inn's trademarks associated with the phrase are invalid.
Counsel and representatives for Premier Inn and EasyGroup were not immediately available for comment. Premier Inn is represented by Emma Himsworth KC and Alaina Newnes of One Essex Court, instructed by David Stone of Allen & Overy LLP. EasyGroup is represented by Stephanie Wickenden and Stefano Braschi of Serle Court, instructed by Rob Jacob of Stephenson Harwood. The case is easyGroup Ltd. v. Premier Inn Hotels Ltd., claim number IL-2023-000155, in the Chancery Division of the High Court of Justice of England and Wales. Read more at: https://www.law360.com/articles/1730774/uk-s-biggest-hotel-chain-wants-easyhotel-tm-revoked?copied=1
