The High Court of England and Wales has determined that Amazon.co.uk Ltd. infringed the Lush trademark by diverting customers who searched for the personal-care product company’s products to equivalent goods made by others. Cosmetic Warriors Ltd. v. Amazon.co.uk Ltd., No. HC 12C00385 (EWHS (Ch), decided February 10, 2014). Amazon apparently bid on the Google AdWord “Lush Bath Products” but did not sell any Lush products.
The court found that Lush established infringement as to (i) advertisements showing the Lush mark, but the relevant link takes consumers to an Amazon site with no Lush products, and Amazon provides no message that Lush Soap is unavailable for purchase from Amazon; and (ii) the online retailer’s Website operation that opened a drop-down menu when a consumer simply types in the letters “lu” and offered “lush bath bombs”—other companies’ products similar to those available from Lush—again without referring to the Lush products’ lack of availability through Amazon.
According to a news source, Amazon is expected to appeal the ruling, and Lush has registered the name of Amazon’s UK chief as a trademark for toilet products. See brandchannel.com, February 12, 2014.