Logos and No-gos: Lush get in a lather over amazon; adwords and search engines

17 February 2014

This publication examines the recent decision of the High Court in Cosmetic Warriors Limited & Anor v Amazon.co.uk Limited & Anor [2014] EWHC 181 (Ch) that Amazon infringed Lush's CTM by its purchase of the Google AdWord "Lush", and by the use of the sign "Lush" throughout Amazon's site, where Amazon did not, in fact, sell Lush products and did not make this clear to consumers.

The judgment is a warning to online marketplace operators to ensure that consumers are clearly alerted to the fact that products for which they have searched may not be those that have been returned by the search result, and that in some cases the operator does not even sell the products of the brand searched.