Amazon Infringes Lush's Community Trade Mark by Bidding on 'Lush' as a Keyword and by Displaying it on its Own Website: Cosmetic Warriors Ltd & Lush Ltd v Amazon.co.uk Ltd & Amazon EU Sarl

摘要

In Cosmetic Warriors Ltd & Lush Ltd v Amazon.co.uk Ltd & Amazon EU Sarl, Lush s Community trade mark was held to be infringed by Amazon's purchase and use of "lush " as a keyword through Google AdWords, where the sponsored link showed the trade mark in its ad. However, Amazon's use of the same keyword was not held to infringe where the word "lush " was not displayed in its online ad. The display of the word "lush" in Amazon's predictive search facility was also held to infringe, as it suggested that Amazon sold Lush's products when no Lush products were actually on offer on Amazon.co.uk.