Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors

Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors

Listings of BHPC branded goods on amazon.com were not targeted at UK/EU consumers and do not constitute use of the sign in the course of trade in the UK/EU. Sales of such goods to UK/EU consumers, where the sale takes place in the US and is not preceded by targeted offers or advertisements, do not amount to infringement of UK/EU trade mark rights. The restrictions implemented by Amazon were effective in preventing infringing sales. The only admitted infringement was the pre-2019 listings on Amazon Global Store, which were targeted at the UK. Joint liability and passing off were not established.

Parties
Claimant: Lifestyle Equities C. V.; Claimant: Lifestyle Licensing B. V.; Defendant: Amazon UK Services Limited; Defendant: Amazon Export Sales LLC; Defendant: Amazon.com Inc; Defendant: Amazon Europe Core SARL; Defendant: Amazon EU SARL
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Intellectual Property (trade Mark) / Trial Judgment on Liability
Outcome
Claim dismissed save for admitted infringement by Second and Fourth Defendants in respect of pre-2019 Amazon Global Store listings.
Legal Topics
Trade Mark Infringement, Targeting in E Commerce, Jurisdiction, Parallel Imports, Joint Liability, Passing Off
Intellectual Property Law Trade Mark Infringement Targeting in E Commerce Jurisdiction Parallel Imports Joint Liability Passing Off

Case Brief

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Parties

Lifestyle Equities C. V.

Claimant

Lifestyle Licensing B. V.

Claimant

Amazon UK Services Limited

Defendant

Amazon Export Sales LLC

Defendant

Amazon.com Inc

Defendant

Amazon Europe Core SARL

Defendant

Amazon EU SARL

Defendant

Procedural Posture

Intellectual Property (trade Mark) / Trial Judgment on Liability

Legal Issues

  1. 1 Whether listings and/or sales of BHPC branded goods on amazon.com and Amazon Global Store infringe the Claimants’ UK/EU trade mark rights
  2. 2 Whether such listings are targeted at UK/EU consumers
  3. 3 Whether sales to UK/EU consumers constitute use in the course of trade in the UK/EU

Ratio Decidendi

Listings of BHPC branded goods on amazon.com were not targeted at UK/EU consumers and do not constitute use of the sign in the course of trade in the UK/EU. Sales of such goods to UK/EU consumers, where the sale takes place in the US and is not preceded by targeted offers or advertisements, do not amount to infringement of UK/EU trade mark rights. The restrictions implemented by Amazon were effective in preventing infringing sales. The only admitted infringement was the pre-2019 listings on Amazon Global Store, which were targeted at the UK. Joint liability and passing off were not established.

Court Disposition

Claim dismissed save for admitted infringement by Second and Fourth Defendants in respect of pre-2019 Amazon Global Store listings.

Orders

  • Claim dismissed except for admitted infringement by Second and Fourth Defendants regarding pre-2019 Amazon Global Store listings.
  • No inquiry as to damages or further relief ordered.