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ARTICLE · 25 APRIL 2024

Trade Marks And The Issue Of Targeting

ENS
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This article deals with a recent UK trade mark judgment that speaks to the concept of ‘targeting' – the meaning of which will become apparent later in the article. The case is Lifestyle Equities v Amazon.

South AfricaIntellectual Property
Manisha Bugwandeen-Doorasamy
Manisha Bugwandeen-Doorasamy
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This article deals with a recent UK trade mark judgment that speaks to the concept of 'targeting' – the meaning of which will become apparent later in the article. The case is Lifestyle Equities v Amazon.

Facts

A UK company, Lifestyle Equities, owns the trade mark Beverly Hills Polo Club, word and logo in, inter alia, the United Kingdom (UK) and European Union (EU). In the USA, however, the same trade mark is owned by a different (commercially unrelated) company which produces goods that are identical to those for which Lifestyles Equities' trade marks are registered in the UK and EU. Yet the goods sold in the USA are cheaper than those sold in the UK/EU. It is important to bear in mind that trade marks are territorial in nature and should be protected in all territories in which a party operates and conducts business.

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