Jurisdiction(s):
United Kingdom

Trade marks—easyGroup v Premier Inn: High Court dismisses s10(2)/(3) claims; 'Rest easy' not trade mark use; survey evidence of little value; Whitford Guidelines emphasised (England and Wales)

Published on: 18 September 2025

Published by a LexisNexis IP expert

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Article summary

easyGroup Ltd v Premier Inn Hotels Ltd [2025] EWHC 2229 (Ch)

What are the practical implications of the case?

This ruling delivers a clear exposition of the usefulness and admissibility of survey evidence in trade mark infringement actions, offering several concrete takeaways for advisers and litigants. The foremost point, for surveys adduced in trade mark and passing off disputes, is the need for strict adherence to the Whitford Guidelines, set down by Whitford J in Imperial Group Plc v Philip Morris Ltd [1984] R.P.C. 293. Those guidelines require, among other things, full disclosure and precise recording of every answer, the avoidance of leading questions, and a sample of adequate size to permit meaningful statistical evaluation. Although the surveys advanced in this case were held to accord with the Whitford Guidelines, the judgment underlines the centrality of compliance and illustrates that opponents will move to exclude surveys where the guidance is not followed. The decision further makes plain that survey material must grapple with the particular legal questions in issue if it is to carry persuasive weight and must be tailored to the case's context to be truly effective in practice...

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