Logos and no-gos — Lush gets in a lather over Amazon, Adwords and search engines
In Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor  EWHC 181 (Ch), the High Court has held that Amazon infringed Lush’s Community trademark (CTM) by its purchase of the Google Adword ‘Lush’, and by the appearance of the sign ‘Lush’ in Amazon’s own drop-down search box and on returned Amazon search results, on all occasions where it was not made clear that Amazon did not, in fact, sell any of the claimants’ products.
The judgment is a warning to online marketplace operators to ensure that consumers are clearly alerted to the fact that products for which they have searched may not be those that have been returned by the search result, and that in some cases the operator does not even sell the products of the brand searched.
The claimants are the registered proprietor and exclusive licensee of a CTM for the sign ‘Lush’ in respect of cosmetics and toiletries (class 3) and are the self-proclaimed ‘bath bomb’ inventor. Lush has always refrained from selling its products on Amazon.co.uk for ethical reasons…
Click on the link below to read the rest of the Macfarlanes briefing.
News from The Lawyer
Briefings from Macfarlanes
M&A Weekly Update: forced sale of shares does not qualify as ‘an offer to the public’ requiring publication of prospectus; and more
Macfarlanes has released its M&A Weekly Update for the period 27 June to 3 July 2014.
Investment Management Update — 4 July 2014: FCA Handbook Notice 13; ESMA updates Q&As on AIFMD; and more
Macfarlanes has released the 4 July 2014 issue of its Investment Management Update.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
Footie and telecoms dominate our regular round-up of recent M&A activity, as the threat of rising interest rates kick-started activity among organisations.