Trade Mark Infringement For Using Claimant's Amazon Listings

The Courts continue to deal with new issues presented by technology, and different methods of selling and marketing goods and services. The Intellectual Property Enterprise Court issued an interesting decision in Jadebay v Clarke-Coles finding that the Defendant's use of the Claimant's Amazon listing for its flagpole products (flagpoles 'by DesignsElements') was trade mark infringement of the Claimant's 'Design Elements' trade mark on the basis of a likelihood of confusion, and passing off. The Defendant's products are sourced and purchased from a different manufacturer in China to that used by the Claimants and are different in design, but of comparable quality. The case is on appeal to the Court of Appeal.