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

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

The injunction was refused as there was no real threat of continuing infringement and restrictions were effective; costs were awarded to Defendants with a 5% reduction for late concession; interim payment ordered at 90% of 95% of costs budget and 55% of 95% of incurred costs; interest at base rate until judgment debt rate from date of order; permission to appeal granted on all grounds.

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
23 March 2021
Procedural Posture
Intellectual Property / Post Trial Consequential Matters
Outcome
Claimants’ application for injunction refused; Defendants awarded costs with 5% reduction; interim payment ordered; permission to appeal granted.
Legal Topics
Trade Mark Infringement, Passing Off, Costs, Injunctions, Permission to Appeal
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Costs Injunctions Permission to Appeal

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 / Post Trial Consequential Matters

Legal Issues

  1. 1 Whether an injunction should be granted against the Defendants
  2. 2 Appropriate order as to costs including interest
  3. 3 Amount of interim payment on account of costs

Ratio Decidendi

The injunction was refused as there was no real threat of continuing infringement and restrictions were effective; costs were awarded to Defendants with a 5% reduction for late concession; interim payment ordered at 90% of 95% of costs budget and 55% of 95% of incurred costs; interest at base rate until judgment debt rate from date of order; permission to appeal granted on all grounds.

Court Disposition

Claimants’ application for injunction refused; Defendants awarded costs with 5% reduction; interim payment ordered; permission to appeal granted.

Orders

  • Claimants to pay 95% of Defendants’ costs of proceedings.
  • Interim payment on account: 90% of 95% of costs budget (£737,273) and 55% of 95% of actual incurred costs.