Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor

Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor

A general pan-European injunction is appropriate to restrain further infringement of the Claimants' trade marks by Amazon, as the normal order in such cases, and is proportionate given the findings of liability. Disclosure for election between damages and account of profits is limited to what is reasonably necessary. A limited publicity order is justified only on the UK website and only on search result pages for one month. Costs are awarded at 90% to the Claimants on the standard basis, with no reduction for late registration of the exclusive licence at this stage. Confidentiality is maintained only for technical documents; other documents and evidence do not warrant confidentiality....

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 Final Orders, Costs, and Ancillary Relief
Outcome
Claimants substantially succeed; general pan-European injunction granted; limited disclosure and publicity orders made; costs awarded at 90% on standard basis; permission to appeal refused; stays granted only as specified.
Legal Topics
Trade Mark Infringement, Injunctive Relief, Disclosure, Publicity Orders, Costs, Confidentiality Orders, Stay Pending Appeal
Intellectual Property Civil Procedure Trade Mark Infringement Injunctive Relief Disclosure Publicity Orders Costs Confidentiality Orders +1 more

Case Brief

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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 Final Orders, Costs, and Ancillary Relief

Legal Issues

  1. 1 Form and territorial scope of injunctive relief for trade mark infringement
  2. 2 Scope of disclosure for election between damages and account of profits
  3. 3 Appropriateness and scope of publicity order

Ratio Decidendi

A general pan-European injunction is appropriate to restrain further infringement of the Claimants' trade marks by Amazon, as the normal order in such cases, and is proportionate given the findings of liability. Disclosure for election between damages and account of profits is limited to what is reasonably necessary. A limited publicity order is justified only on the UK website and only on search result pages for one month. Costs are awarded at 90% to the Claimants on the standard basis, with no reduction for late registration of the exclusive licence at this stage. Confidentiality is maintained only for technical documents; other documents and evidence do not warrant confidentiality....

Court Disposition

Claimants substantially succeed; general pan-European injunction granted; limited disclosure and publicity orders made; costs awarded at 90% on standard basis; permission to appeal refused; stays granted only as specified.

Orders

  • General pan-European injunction restraining infringement of specified trade marks by Amazon
  • Amazon to provide limited disclosure sufficient for election between damages and account of profits, as specified