Legal News

Trade mark infringement on the internet (Lifestyle v Amazon)

Published on: 16 May 2022
Published by: LexisPSL
  • Trade mark infringement on the internet (Lifestyle v Amazon)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Appeal had to consider the purchasing process when buying goods on Amazon.com (the US version of the site) from the UK and whether it would infringe an EU trade mark (critically, its finding would equally apply under domestic law). Lord Justice Arnold, speaking for the court, concluded that Amazon.com, when it presented the ‘Review your order’ page to UK customers for US branded goods was making an offer for sale within the UK. This meant that, absent the trade mark owner’s consent, the act amounted to an infringement of the mark (paras [67] and [74]). He went on to find that the web page showing the search result and the webpage showing the product details also amounted to use of the relevant signs in the UK and were therefore also infringing. Written by Phillip Johnson, professor of Commercial Law, Cardiff University. or take a trial to read the full analysis.

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