Chancery DivisionWednesday 12 February 2014
Cosmetics Warriors Ltd & anor v Amazon.co.uk Ltd
The Claimants, as registered proprietor and exclusive licensee respectively of the Community trade mark “LUSH” for cosmetics and toiletries, issued proceedings in the High Court against Amazon.co.uk Ltd and Amazon EU SARL.
The Claimants’ claims concerned Amazon’s use of the word “LUSH” in respect of Amazon’s internet advertising and in respect of the operation of Amazon’s UK website. The Deputy Judge found that this use amounted to infringement under Article 5(1)(a) of Directive 2008/95/EC and held the Defendants jointly liable.
Simon Atkinson was instructed with Michael Bloch QC and Simon Malynicz by Lewis Silkin LLP on behalf of the successful Claimants.
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