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UK IP weekly: easyGroup v Premier Inn; Merck KGaA v MSD damages (notional licence); design law consultation; IPO 2025-26 plan and minister; jurisdiction clauses and third-party rights

Published on: 25 September 2025

Published by a LexisNexis IP expert
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In this issue:

  • Trade marks/passing off
  • Designs
  • General IP
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Trackers
  • Useful information

Trade marks/passing off

Premier Inn rest easy after High Court rules no trade mark infringement in easyGroup claim (easyGroup v Premier Inn)

The High Court rejected easyGroup’s trade mark infringement action against Premier Inn, which objected to Premier Inn’s use of ‘Rest easy’ in branding introduced during an April 2021 rebrand. easyGroup advanced claims under sections 10(2) and 10(3) of the Trade Marks Act 1994 (TMA 1994) and also sought declarations invalidating the Premier Inn series trade mark. The court found no infringement under TMA 1994, s 10(2), noting ‘Rest easy’ is a commonplace English phrase and that easyGroup had not shown sufficient consumer confusion. The TMA 194, s 10(3) allegation also failed, with the judge concluding there was inadequate proof of detriment or of any unfair advantage being taken. Consequently, easyGroup’s applications for declarations of invalidity were likewise unsuccessful...

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