Lush scents victory in battle with Amazon
11 February 2014
Following Lewis Silkin and Lush's successful trade mark win over Amazon, The Times has covered the judgment and feel that, as a result, online retailers could be forced to stop promoting alternatives to products they do not sell after the High Court ruled that Amazon search results 'relating' to Lush were “no more than a generic indication of a class of goods in which the consumer might have an interest”.
Following Lewis Silkin and Lush's successful trade mark win over Amazon, The Times has covered the judgment and feel that, as a result, online retailers could be forced to stop promoting alternatives to products they do not sell after the High Court ruled that Amazon search results 'relating' to Lush were “no more than a generic indication of a class of goods in which the consumer might have an interest”.
The case clarified the extent to which third parties may use trade marks to generate sponsored advertisements within search engine results or within websites to direct web-traffic to products which do not originate from the trade mark owner. It will deter online retailers from promoting alternatives to products that they do not sell and it will restrict how retailers use search engines on their own sites as well as third party search engines for marketing purposes.
You can read the full article on The Times' website here. Please note that this article is behind a paywall and a subscription is required to view it.
City A.M. has also covered the judgment in their 'What the other papers say this morning' section. You can view the coverage in full here.