What Premier Inn v Insomnia Cookies teaches about IP due diligence

Premier Inn Hotels has filed a trade mark and passing off claim in the UK High Court against US cookie maker Insomnia Cookies. The claim was filed on 11 March 2026 and appears to focus on branding elements, including logos and wider visual identity.

Premier Inn owns UK trade marks, including a logo featuring a crescent moon and stars, while Insomnia Cookies uses a crescent moon cookie and stars. Both brands also use purple, and both have registrations in class 43, which covers hospitality, food, drink and temporary accommodation.

The legal claim is at an early stage, and the court has not yet decided whether there is infringement or passing off. Even so, the dispute is a useful reminder of how brand conflicts often arise. In the UK, the risk is not always about identical names or businesses operating in the same space. It can also be about the overall impression a brand creates and whether that could lead customers to assume a commercial connection.

Many businesses invest heavily in names, logos, packaging, websites and social media branding, but don’t always carry out a full legal review before launch. This case shows why that can be risky: a brand may appear original in its home market, but if its overall look and feel is too close to an existing business in the UK, the legal and commercial consequences can be significant. Rebranding after launch is rarely quick, cheap or easy.

As Partner and Head of Trade Marks, Ben Evans, puts it:

The recent High Court claim brought by Premier Inn against Insomnia Cookies is a timely reminder that brand risk extends beyond business names and word marks. In the UK, disputes can arise from the overall impression created by branding, including logos, imagery, colourways and get-up, particularly where consumers may infer a commercial link between businesses.

“For companies launching into the UK, especially those with established overseas brands, clearance should be undertaken at an early stage and should cover both registered trade mark rights and potential passing off exposure. The practical consequences of getting this wrong can be significant, as any post-launch rebrand may involve substantial legal, operational and reputational cost.

For businesses bringing a brand to the UK, the practical steps are:

• commission a brand clearance check before launch – ideally before any significant investment in branding
• assess the whole brand, including logos, colours, imagery and overall look and feel, not just the name
• consider passing off exposure as well as registered trade mark rights – both can give rise to claims in the UK

The outcome of this case remains to be seen, but for businesses, the message is already clear. Protecting a brand means looking at the whole picture, not just the name above the door.

Planning to bring your brand into the UK?

Getting the legal groundwork right early can save time, cost and disruption later. Our trade mark specialists advise international businesses on clearance, passing off risk and brand protection before they enter the UK market.