The Lush v Amazon dispute, continued
In its April newsletter, Walker Morris reported that Lush had succeeded in its action against Amazon, preventing the latter from using its trademark to promote rival goods for sale on Amazon’s website and via Google. The High Court ruled that Amazon had infringed Lush’s trademark by suggesting to users of its internal search engine, and in sponsored search results, that Lush goods were offered for sale on its site when they weren’t.
Following the ruling, the two companies attempted — and failed — to reach an agreement as to the form of the court order. Accordingly, the form of the order was referred back to the High Court for a ruling…
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The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
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