Trade Marks and Internet Searches: Lush v Amazon
Jane Lambert In Cosmetic Warriors Ltd and Another v amazon.co.uk Ltd and Another [2014] EWHC 181 Mr John Baldwin QC, sitting as a judge of the High Court, had to decide whether causing advertising to appear on an an Internet user's screen for products that competed with those of the claimants whenever the user entered the claimants' trade mark into a search box amounted to an infringement of the claimants' mark. The Parties The claimants ( "Lush" ) manufacture and supply cosmetics under the Lush brand. They are well known for their colourful soaps and bath bombs. The first named claimant is the registered proprietor, and the second its licensee, of Community trade mark number 01388313 ( "the CTM" ) under which the word LUSH is registered for "Perfumes; bath preparations; non-medicated toilet preparations; cosmetic preparations; lotions, powders and creams all for use on the skin; dentifrices; depilatory preparations; de...