UK Court sets online ad precedent with Lush Cosmetics ruling over Amazon
12 February 2014
Following Lewis Silkin and Lush's successful trade mark win over Amazon, Brand Channel have covered the High Court ruling which determined that the online retailer breached the copyright of cosmetics company Lush by attempting to divert customers to rival products through online search results.
Following Lewis Silkin and Lush's successful trade mark win over Amazon, Brand Channel have covered the High Court ruling which determined that the online retailer breached the copyright of cosmetics company Lush by attempting to divert customers to rival products through online search results.
The ruling found that Lush established infringement of its trade mark, citing that the average consumer would generally be unable to ascertain that the goods identified by Amazon’s online search results in response to a search for ‘LUSH’ were not the goods of or connected with Lush. Simon Chapman, partner at Lewis Silkin, says the ruling will force online retailers to “reconsider their approach” in marketing alternative products.
You can read Simon's comments in full on the Brand Channel website here.