Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor [2014] EWHC 1316 (Ch) (02 May 2014)

Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor [2014] EWHC 1316 (Ch) (02 May 2014)

A general form of pan-European injunction is appropriate to restrain further infringement of the Claimants' trade marks by Amazon, as this is the norm and no special circumstances justify a narrower order. Disclosure for election between damages and account of profits must be proportionate and limited to necessary information. A limited publicity order is justified on Amazon's UK website but not in the national press. Costs are awarded to the Claimants at 90% on the standard basis, with no reduction under s.25(4) Trade Marks Act 1994 at this stage. Confidentiality is maintained only for certain technical documents; other materials do not warrant protection under CPR 31.22.

Citation
[2014] EWHC 1316 (Ch)
Parties
Claimant: Cosmetic Warriors Limited; Claimant: Lush Limited; Defendant: Amazon.co.uk Limited; Defendant: Amazon EU SARL
Jurisdiction
England and Wales
Judgment Date
02 May 2014
Procedural Posture
Intellectual Property Trade Mark Infringement / Post Judgment; Determination of Form of Order, Injunctive Relief, Disclosure, Publicity, Costs, Confidentiality, Permission to Appeal
Outcome
General pan-European injunction granted; limited disclosure ordered; limited publicity order granted; costs awarded to Claimants at 90% on standard basis; confidentiality order made only for certain technical documents; permission to appeal refused.
Legal Topics
Trade Mark Infringement, Community Trade Mark, Injunctive Relief, Disclosure for Election Between Damages and Account of Profits, Publicity Orders, Costs Orders, Confidentiality Under CPR 31.22, Permission to Appeal
Intellectual Property Civil Procedure Trade Mark Infringement Community Trade Mark Injunctive Relief Disclosure for Election Between Damages and Account of Profits Publicity Orders Costs Orders +2 more

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Parties

Cosmetic Warriors Limited

Claimant

Lush Limited

Claimant

Amazon.co.uk Limited

Defendant

Amazon EU SARL

Defendant

Procedural Posture

Intellectual Property Trade Mark Infringement / Post Judgment; Determination of Form of Order, Injunctive Relief, Disclosure, Publicity, Costs, Confidentiality, Permission to Appeal

Legal Issues

  1. 1 Appropriate form and territorial extent of injunctive relief for trade mark infringement
  2. 2 Scope and proportionality of disclosure for election between damages and account of profits
  3. 3 Whether a publicity order should be made and its form

Ratio Decidendi

A general form of pan-European injunction is appropriate to restrain further infringement of the Claimants' trade marks by Amazon, as this is the norm and no special circumstances justify a narrower order. Disclosure for election between damages and account of profits must be proportionate and limited to necessary information. A limited publicity order is justified on Amazon's UK website but not in the national press. Costs are awarded to the Claimants at 90% on the standard basis, with no reduction under s.25(4) Trade Marks Act 1994 at this stage. Confidentiality is maintained only for certain technical documents; other materials do not warrant protection under CPR 31.22.

Court Disposition

General pan-European injunction granted; limited disclosure ordered; limited publicity order granted; costs awarded to Claimants at 90% on standard basis; confidentiality order made only for certain technical documents; permission to appeal refused.

Orders

  • Amazon restrained by general form injunction from infringing Claimants' trade marks throughout the EU.
  • Amazon to provide limited, proportionate disclosure for election between damages and account of profits, as specified.