Lifestyle Equities CV and another v Amazon UK Services Ltd and others

Amazon's USA website, by design, targeted UK consumers by displaying goods available for delivery to the UK, providing UK-specific delivery information, and offering currency options. The average UK consumer would perceive the website as directed at them. Therefore, Amazon's acts constituted use of the mark in the UK in the course of trade, infringing Lifestyle's UK/EU marks. The Court declined to decide the Blomqvist issue as the sales were found to be targeted.

Parties: Respondents: Lifestyle Equities CV and another; Appellants: Amazon UK Services Ltd and others
Jurisdiction: England and Wales
Judgment Date: 06 March 2024
Procedural Posture: Civil Appeal / Supreme Court Judgment
Outcome: Appeal dismissed
Legal Topics: Trade Mark Infringement, Internet Sales, Jurisdiction, Targeting Consumers, Cross Border E Commerce

Intellectual Property Trade Mark Law Trade Mark Infringement Internet Sales Jurisdiction Targeting Consumers Cross Border E Commerce

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 20 Party arguments 2

Parties

Lifestyle Equities CV and another

Respondents

Amazon UK Services Ltd and others

Appellants

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

1 Whether Amazon's USA website targeted UK consumers for the purposes of UK/EU trade mark infringement
2 Whether sales from Amazon's USA website to UK consumers constitute use of the mark in the UK/EU under the Blomqvist doctrine

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Injunction against Amazon remains in place
Order for an enquiry (presumably as to damages or account of profits) remains in place