Amazon lost an appeal against a decision that found that by focusing on British customers on its American website, it had violated UK trademarks. This decision could have a big impact on other online retailers.

The London Court of Appeal determined in 2022 that the American tech giant had violated the trademarks. After an appeal to the UK Supreme Court last year, Amazon was found to be “targeting consumers in the UK” by the court’s unanimous decision.

There were no comments from Amazon on  the “ongoing proceedings”.

According to intellectual property attorneys, the decision may have an impact on all online merchants, who would now have to make sure that their platforms do not automatically cater to customers in the United Kingdom.

In 2019, Lifestyle Equities, the owner of the European and UK trademarks for the “Beverly Hills Polo Club” brand, filed a lawsuit against Amazon in London. Numerous products are covered by its trademarks, including as watches, apparel, luggage, and perfume.
Amazon refuted Lifestyle Equities’ claim that it had violated its trademarks by offering American-made products for sale on its American website to customers in the United Kingdom.
In its decision on Wednesday, the Supreme Court said that when it determines that a user is based in the United Kingdom, boxes labelled “Deliver to United Kingdom” are automatically displayed on Amazon’s U.S. website.

In cases where the product was designated as available for delivery to the UK, the court concluded that this indicated that “Amazon did target the UK as a destination for the U.S. branded goods.”

The court decided that Lifestyle Equities is entitled to damages and an injunction to stop further infringement.

Addleshaw Goddard intellectual property (IP) attorney Jemma Green stated that online retailers would need to check their platforms to make sure they weren’t taking any chances on infringement.

Brand owners now have “far stronger rights to prevent website operators based outside the UK from targeting UK consumers” as a result of the verdict, according to Green.

IP partner Dennis Lee of BDB Pitmans stated that similar cases against other internet shops might result from the verdict.

He stated that any website that ships to the UK “will now need to be clear that it is not ‘targeting’ UK shoppers,” or if it is, make sure the products don’t violate any UK trademarks.

(Adapted from ThePrint.in)