LONDON, March 6 (Reuters) - Amazon ( AMZN ) lost an
appeal on Wednesday against a ruling that it had infringed UK
trademarks by targeting British consumers on its U.S. website,
in a potentially significant judgment for other online
retailers.
The U.S. tech giant was found in 2022 by London's Court of
Appeal to have infringed the trademarks. Amazon ( AMZN ) appealed last
year to the United Kingdom's Supreme Court, which unanimously
ruled that its U.S. website was "targeting consumers in the UK".
Amazon ( AMZN ) declined to comment on "ongoing proceedings".
Intellectual property lawyers said the ruling could affect
all online retailers, who would now need to check that their
platforms do not automatically target British consumers.
Amazon ( AMZN ) was first sued in London by Lifestyle Equities, the
owner of the UK and European trademarks in the "Beverly Hills
Polo Club" brand, in 2019. Its trademarks cover a wide variety
of goods, including clothing, luggage, watches and perfume.
Lifestyle Equities said Amazon ( AMZN ) had infringed its trademarks
by selling U.S. branded goods to British consumers via its U.S.
website, which Amazon ( AMZN ) denied.
The Supreme Court said in Wednesday's ruling that Amazon's ( AMZN )
U.S. website automatically contains boxes stating "Deliver to
United Kingdom" when it detects a user is based in the UK.
This meant, the court said, that "Amazon ( AMZN ) did target the UK
as a destination for the U.S. branded goods", where the product
was marked as available for delivery to the UK.
Lifestyle Equities is entitled to an injunction preventing
further infringement and potentially damages, the court ruled.
Jenna Green, an intellectual property (IP) lawyer at
Addleshaw Goddard, said online retailers would have to audit
their platforms to avoid risking any infringement.
The ruling meant brand owners have "far stronger rights to
prevent website operators based outside the UK from targeting UK
consumers", Green added.
Dennis Lee, an IP partner at BDB Pitmans, said the ruling
could prompt similar lawsuits against other online retailers.
Any website offering shipping to the UK "will now need to be
clear that it is not 'targeting' UK shoppers", he said, or if it
does be sure that the goods do not infringe UK trademarks.