Amazon and trademark infringement

Lush, the manufacturer and supplier of cosmetics and soaps and the proprietor of the Community trademark LUSH, has successfully claimed against the online retailer Amazon for trademark infringement.

The essence of the claim in Cosmetic Warriors Ltd v Ltd was that if a consumer were to type in the word ‘Lush’ into the search box on Amazon, the search results would bring up a list of products that were not Lush products but that were products that Amazon hoped would interest a consumer searching for Lush products. The case also concerned Amazon’s use of the search term ‘Lush’ in Google’s Adwords service, Amazon having bid on the ‘lush’ keyword so as to trigger a sponsored link advertisement on the Google results page whenever a consumer typed ‘lush’ into the search box.

The High Court held that Amazon infringed the LUSH mark by using ‘Lush’ as a keyword within the Google Adwords service to trigger advertisements for the Amazon site, which included references to ‘Lush’. The court considered that the average consumer seeing the advertisement would expect to find Lush products on the Amazon site. In fact, Lush products were not available on the Amazon site…

Click on the link below to read the rest of the Walker Morris briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer


Kings Court
12 King Street

Turnover (£m): 42.50
No. of lawyers: 188