Ecommerce may be transformed by an EU decision about who is responsible for ads on Amazon by third-party sellers for infringing goods

The question of whether an advertisement or offer for sale “targets” consumers in a particular jurisdiction is critical in trade mark infringement cases involving foreign traders selling online. The Court of Appeal recently clarified the term, overturning a decision in a dispute over the sale of goods bearing the BEVERLY HILLS POLO CLUB mark (Lifestyle Equities CV & Anor v Amazon UK Services Ltd & Ors). As we reported on this blog in 2021, Lifestyle, the owner of the relevant

This was the question that Mr Justice Michael Green wrestled with in his judgment in Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors [2021] EWHC 118 (Ch). The case involved trade mark infringement and passing off claims brought against Amazon regarding the sale of goods bearing the Beverly Hills Polo Club trade marks on amazon.com. The claimants are familiar faces in the English High Court. They own trade marks for Beverly Hills Polo Club in the UK but not in the U