Lifestyle Equities CV & Anor. v Amazon UK Services Limited & Ors.

Lifestyle Equities CV & Anor. v Amazon UK Services Limited & Ors.

Amazon's advertisements, offers for sale, and sales of US-branded goods to UK/EU consumers via its websites constituted use of the claimants' trade marks in the UK/EU. The relevant web pages and sales process were objectively targeted at UK/EU consumers, as evidenced by shipping options, currency selection, and actual sales. Even if advertisements were not targeted, sales to UK/EU consumers from foreign websites are infringing uses under EU law. The High Court judge erred in law by misapplying the targeting test and failing to assess the targeting of specific acts. The claimants are entitled to financial relief, subject to appropriate assessment.

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
Civil Appeal / Appeal From High Court (intellectual Property List) to Court of Appeal
Outcome
Appeal allowed in part; High Court decision overturned on targeting and sales issues; remitted for assessment of financial relief.
Legal Topics
Trade Mark Infringement, Targeting in Online Sales, Jurisdiction of Trade Mark Rights, Liability for Online Sales, Financial Relief in IP Cases
Intellectual Property Trade Marks E Commerce Trade Mark Infringement Targeting in Online Sales Jurisdiction of Trade Mark Rights Liability for Online Sales Financial Relief in IP Cases

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

Civil Appeal / Appeal From High Court (intellectual Property List) to Court of Appeal

Legal Issues

  1. 1 Whether Amazon's advertisements, offers for sale, and sales of US-branded goods on its websites constituted use of the claimants' UK and EU trade marks in the UK/EU under Article 9 of Regulation 2017/1001/EU
  2. 2 Whether such use was 'targeted' at the UK/EU or merely accessible
  3. 3 Whether sales to UK/EU consumers by Amazon from non-UK/EU websites constitute infringing use even absent targeted advertising

Ratio Decidendi

Amazon's advertisements, offers for sale, and sales of US-branded goods to UK/EU consumers via its websites constituted use of the claimants' trade marks in the UK/EU. The relevant web pages and sales process were objectively targeted at UK/EU consumers, as evidenced by shipping options, currency selection, and actual sales. Even if advertisements were not targeted, sales to UK/EU consumers from foreign websites are infringing uses under EU law. The High Court judge erred in law by misapplying the targeting test and failing to assess the targeting of specific acts. The claimants are entitled to financial relief, subject to appropriate assessment.

Court Disposition

Appeal allowed in part; High Court decision overturned on targeting and sales issues; remitted for assessment of financial relief.

Orders

  • Declaration that Amazon infringed the claimants' UK and EU trade marks by advertisements, offers for sale, and sales to UK/EU consumers via its websites
  • Order for assessment of damages or account of profits, to be conducted in a proportionate manner