Selected cases

UK Supreme Court · [2024] UKSC 8

Lifestyle Equities CV v Amazon UK Services Ltd

The UK Supreme Court considered whether Amazon's US website targeted UK consumers for trade mark infringement purposes.

UK Supreme Court6 Mar 2024

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Quick read

  • Cross-border ecommerce teams should not assume that a foreign website stays legally foreign.
  • The UK Supreme Court considered whether Amazon's US website targeted UK consumers for trade mark infringement purposes.

Use this to check

  • Run trade mark clearance for target markets
  • Review marketplace listings and delivery settings
  • Do not rely only on the domain name to define the territory of sale

Decision snapshot

  1. What happened

    • Lifestyle owned UK and EU trade marks for Beverly Hills Polo Club.
    • It complained that Amazon's US website marketed and sold US-branded goods to UK consumers.
    • Amazon argued that the relevant listings were not targeted at the UK.
  2. What the court had to decide

    • The issue was whether the online listings, purchase journey and delivery options amounted to use of the sign in the UK or EU.
  3. What the court decided

    • The Supreme Court held that the relevant use targeted UK consumers.
    • The decision shows that online selling can create territorial trade mark exposure even where the website is operated from another market.

Practical impact

Practical read

  • Cross-border ecommerce teams should not assume that a foreign website stays legally foreign.
  • Currency, delivery, checkout wording, search results and customer targeting can matter.

Useful next steps

  • Run trade mark clearance for target markets
  • Review marketplace listings and delivery settings
  • Do not rely only on the domain name to define the territory of sale

The story

Lifestyle owned UK and EU trade marks for Beverly Hills Polo Club. It complained that Amazon's US website marketed and sold US-branded goods to UK consumers. Amazon argued that the relevant listings were not targeted at the UK.

How businesses should read it

Cross-border ecommerce teams should not assume that a foreign website stays legally foreign. Currency, delivery, checkout wording, search results and customer targeting can matter.

Key takeaways

  • Run trade mark clearance for target markets
  • Review marketplace listings and delivery settings
  • Do not rely only on the domain name to define the territory of sale

Related topics

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