Injunction Imposed on Amazon in Lush Intellectual Property Case
The High Court in London recently found that Amazon were infringing trade mark rights (CTMs) belonging to the cosmetics company, Lush. The High Court has now ruled on the form of order to be imposed on Amazon following the infringement decision.Injunction Imposed on Amazon in Lush Intellectual Property Case.
In February, the High Court decided that Lush was entitled to prevent Amazon using its trade mark to promote rival goods for sale on Amazon’s website and via Google where it had been using “Lush” as a keyword within the Google AdWords service.
The judge has now granted an injunction against infringement generally throughout the EU, rejecting Amazon’s argument that the injunction should only relate specifically to certain infringing uses and should only have effect in the UK (as the case only dealt with the operation of the UK website).
The judge also ruled that Amazon should publish a notice regarding the case on its website for one month, with a link to the judgment. In making the determination that there should be an order for publicity of the judgment and the form it should take, the judge referred to the recent guidance in Samsung Electronics (UK) Ltd v Apple Inc. In this case, the judge took into account the fact that the decision had already attracted some media publicity, and agreed to grant a stay of the publicity order pending any appeal.
