Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2022] EWCA Civ 552 (04 May 2022)

Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors [2022] EWCA Civ 552 (04 May 2022)

The Court of Appeal held that Amazon's advertisements, offers for sale, and sales of US branded goods to UK/EU consumers on amazon.com and Amazon Global Store were targeted at the UK/EU and constituted use of the sign in the relevant territory under Article 9 of Regulation 2017/1001/EU. The judge erred in law by failing to assess targeting for each type of use, by requiring unique targeting and subjective intent, and by dismissing relevant factors. Sales to UK/EU consumers from a foreign website constitute infringing use even absent prior targeting.

Citation
[2022] EWCA Civ 552
Parties
Claimant/appellant: Lifestyle Equities CV; Claimant/appellant: Lifestyle Licensing BV; Defendant/respondent: Amazon UK Services Limited; Defendant/respondent: Amazon Export Sales LLC; Defendant/respondent: Amazon.com Inc; Defendant/respondent: Amazon Europe Core SARL; Defendant/respondent: Amazon EU SARL
Jurisdiction
England and Wales
Judgment Date
04 May 2022
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Trade Mark Infringement, Jurisdiction, Targeting, Online Sales, EU Trade Mark Regulation
Intellectual Property Commercial Law Trade Mark Infringement Jurisdiction Targeting Online Sales EU Trade Mark Regulation

Case Brief

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Parties

Lifestyle Equities CV

Claimant/appellant

Lifestyle Licensing BV

Claimant/appellant

Amazon UK Services Limited

Defendant/respondent

Amazon Export Sales LLC

Defendant/respondent

Amazon.com Inc

Defendant/respondent

Amazon Europe Core SARL

Defendant/respondent

Amazon EU SARL

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Amazon's advertisements, offers for sale, sales, and importations of US branded goods constituted use of the sign in the UK/EU under Article 9 of Regulation 2017/1001/EU
  2. 2 Whether such use was 'targeted' at the UK/EU
  3. 3 Whether sales to UK/EU consumers from a foreign website constitute infringing use even absent prior targeting

Ratio Decidendi

The Court of Appeal held that Amazon's advertisements, offers for sale, and sales of US branded goods to UK/EU consumers on amazon.com and Amazon Global Store were targeted at the UK/EU and constituted use of the sign in the relevant territory under Article 9 of Regulation 2017/1001/EU. The judge erred in law by failing to assess targeting for each type of use, by requiring unique targeting and subjective intent, and by dismissing relevant factors. Sales to UK/EU consumers from a foreign website constitute infringing use even absent prior targeting.

Court Disposition

Appeal allowed

Orders

  • Amazon's advertisements, offers for sale, and sales of US branded goods to UK/EU consumers constitute infringing use under Article 9 of Regulation 2017/1001/EU
  • Judgment for Lifestyle Equities CV and Lifestyle Licensing BV