Amazon defeated by Lush in High Court trademark verdict
11 February 2014
Following Lewis Silkin’s representation of its client, Lush, in a successful trade mark dispute concerning Amazon’s website, Brand Republic, Marketing and Campaign have covered the High Court verdict in online articles.
The judgment found that Lush established infringement of its trade mark, citing that the average consumer would generally be unable to ascertain that the goods identified by Amazon’s online search results in response to a search for ‘LUSH’ were not the goods of or connected with Lush.
Simon Chapman, partner at Lewis Silkin LLP, added that yesterday's judgment “provides much needed clarity with regards to exactly how far third parties can go in their use of trade marks to generate sponsored advertisements or direct web-traffic for commercial gain unrelated to the trademark owner".