Amazon has infringed on British trademark rights by promoting identical branded products from another party to British shoppers on its US website. The ruling could have implications for other trademark holders and licensees in the United Kingdom and Europe.
The case revolves around the use of the words ‘Beverly Hills Polo Club’ or the logo consisting of these words, coupled with an image of a horse and rider. Lifestyle Equities, a company based in the Netherlands, owns these trademarks in the United Kingdom and the European Union. The brand labels can be found on clothing, luggage, watches, and perfume, among other items.
The corresponding trademarks in the US are owned by a commercially unrelated entity to Lifestyle Equities, which produces identical branded items. These products are available for sale to British and European shoppers via Amazon.com.
Trademark infringement
According to Lifestyle Equities, Amazon targeted consumers in the United Kingdom and the European Union with advertisements and offers, thereby infringing on trademark rights. The company filed a lawsuit against ecommerce market leader Amazon in the United Kingdom in 2019, which it lost. This decision was later overturned by the Court of Appeal, prompting Amazon to appeal to the highest court.
A previous ruling in favor of Amazon was overturned.
The Supreme Court agreed with the Court of Appeal that there was targeting of British consumers on the American Amazon website regarding the trademarked items in question. Amazon.com automatically contains boxes stating “Deliver to United Kingdom” when it detects that a user is based there. This meant, the court said, that “Amazon did target the United Kingdom as a destination for the United States branded goods.”
Platform checks
Intellectual property lawyers stated that the ruling could impact all online retailers, who would need to ensure that their platforms do not automatically target consumers in other regions.
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- Source: https://ecommercenews.eu/amazon-loses-trademark-appeal-on-cross-border-sales/
