ARTICLE · 01 MARCH 2014

Lush v Amazon

Davenport Lyons

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The High Court determines that Amazon’s use of the trade mark LUSH in its sponsored advertisements and on its website constitutes trade mark infringement.

United KingdomIntellectual Property

Colin Sawdy

The High Court determines that Amazon's use of the trade mark LUSH in its sponsored advertisements and on its website constitutes trade mark infringement

Cosmetic Warriors Ltd and another v amazon.co.uk Ltd and another
[2014] EWHC 181 (Ch), 10 February 2014

Summary: The High Court held that Amazon infringed the LUSH trade mark by using 'Lush' in its Google sponsored advertisements and in its search facility on the Amazon website when it did not actually sell LUSH products.

Key Practical Consequences:

Advertisers cannot use third party trade marks both as a keyword and in the related sponsored advertisements when the goods under the mark are not available for sale on their website.

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