Introduction
The Lifestyle Equities CV v Amazon UK Services Ltd dispute occurred before the UK left the EU. The proceedings commenced before the end of the “IP Completion Day” under section 1 of the European Union (Withdrawal Agreement) Act 2020. Accordingly, UK trademark law was heavily regulated through EU legislation.
Background of the Lifestyle Trademark Dispute
Amazon unsuccessfully appealed to the Supreme Court following a claim by Lifestyle Equities group, “Lifestyle”. Lifestyle argued Amazon infringed both UK and EU registered trademarks, owned and licensed by Lifestyle, by advertising US goods to consumers in the UK and EU.
The infringement claim purported Amazon used signs for goods identical to those of Lifestyle, infringing its trademarks.
Court’s Decisions
The claim at the Court of First Instance dismissed Lifestyle’s claims on the basis the average consumer would not find Amazon’s website to be targeted at UK or EU consumers.
The Court of Appeal allowed Lifestyle’s claim on the basis the available website information proved Amazon targeted UK and EU consumers. However, the Supreme Court subsequently held the existence of a website alone insufficiently concluded an advertisement was targeted as UK customers.
Still, the Supreme Court held Amazon did target UK consumers through their US website, dismissing its appeal. Lord Briggs and Lord Kitchin assessed multiple circumstances to justify this position. For instance, since delivery to the UK was available via Amazon’s US website, this indicated the average consumer would place an order through the US website for UK delivery. The Supreme Court granted an injunction.
Conclusion
Despite the UK’s withdrawal from the EU, this case reiterates the bindingness of its regulations upon companies. Had the proceedings in this case occurred after the IP Completion Day, it is still unlikely the court would have reached an outcome in favour of Amazon.
By Ava Edwards, a student at Southampton University.
