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

2014

CHANCERY DIVISION

United Kingdom

CORAM

  • Mr John Baldwin QC

Areas of Law

  • Intellectual Property Law
  • Technology Law
  • Commercial Law

AI Generated Summary

Lush, the proprietor and exclusive licensee of the LUSH trade mark for cosmetics and toiletries, sued Amazon entities over three categories of conduct. First, Amazon bid on the LUSH keyword on Google to display sponsored ads that expressly used the LUSH mark and led consumers to Amazon pages offering non-Lush goods. Second, Amazon ran sponsored ads triggered by LUSH-related search terms that did not display the mark but promoted similar products. Third, Amazon’s internal search used LUSH in drop-down suggestions, repeated search terms, and “Related Searches,” presenting consumers with competing products while implying Lush availability. Applying EU trade mark law and CJEU guidance, the court held the first and third classes infringed by damaging the origin, advertising, and investment functions, while the second class did not. The E‑Commerce Directive defence was inapplicable, and both Amazon defendants were found joint tortfeasors.