In an upcoming case involving e-commerce giant Amazon, The UK Supreme Court will consider the extent to which UK and EU trademark rights holders can object to others using their trademarks to advertise products for sale on global online marketplaces.

Amazon is seeking to overturn an earlier ruling by the Court of Appeal in London, The ruling found Amazon guiltyLifestyle Equitiescorporation (Hereafter calledLifestyle) The UK trademark is liable for infringement, LifestyleIt is a company that holds the UK and EU clothing brand trademark rights and licenses the trademark use.

The central question in this case is, If the online Global Marketplace displays the same logo as the trademark enjoyed by the right holder next to the list of products on its platform, So can they say that the platform is in "Use" UK or EU trademark.

In the present case, Lifestyleassert, The products involved are American brand goods, Never agreed to put it on the UK or EU market. LifestyleTaking issue with Amazon. com Inc. 's display of the same logo as the trademark it owns next to goods listed for sale on Amazon. com. however, Amazon insists, This behavior is legal, Did not violateLifestyleTrademark rights, This is because the goods listed for sale are not targeted at UK consumers.

In the beginning, Amazon's defense has been moderately successful. Decision of the high court, Although Amazon is on the Amazon website in its designated country (namelyamazon. co. uk) Advertising and offering to sell the goods whose trademark is sued infringedLifestyleTrademark rights in the UK and the EU, But the high court did not hold at Amazon's global website (amazon. com) The goods advertised and promised for sale in the same way are aimed at British consumers. therefore, The high Court held that Amazon was not in the latter case "Use" theLifestyles trademark.

however, The Court of Appeal overturned the decision of the high court.

Arnold (Arnold) In his ruling, the Lord Chancellor analysed the process of a British customer shopping on Amazon. He points out, The purchaser is located in the United Kingdom, Delivery address is in the UK, The billing address is in England, The currency of payment is sterling. In addition, Amazon will make all necessary arrangements, To ship goods to and import into the UK, It is then delivered to consumers in the UK. Take these factors into account, Arnold thinks, cannot "serious" It is believed that the promised sales on Amazon's global Marketplace are not specific to the UK.

In the face of possible future trademark infringement bans, Amazon has appealed against the Court of Appeal decision in London. The Supreme Court of the United Kingdom11month15Hiwa16A hearing was held on Tuesday.

According to the Supreme Court, Amazon argued that the Court of Appeal had wrongly overturned a High Court analysis on whether sales listings were targeted at UK or EU consumers, And the Court of Appeal went further "Incorrectly explained about whether sales on foreign websites would constitute a sale to the UK／Eu case law on trademark infringement in the European Union" .

Pinsent Masons (Pinsent Masons) Jill, a brand protection specialist at the law firm．Dennis (Gill Dennis) According to: "The decision of the Court of Appeal shifted the balance of power in favour of the right holder. therefore, Website operators must ensure prompt response to notice and takedown requests when trademarks are infringed. "

She added: "The Supreme Court's decision will determine whether the global market is still liable for such infringement. It will also clarify the extent to which more refined elements of the customer's online buying process are relevant to the assessment of whether to target the UK market. "

The Supreme Court is expected2024A decision in the case is not expected until next year. (Be compiled fromwww. pinsentmasons. com)

TRANSLATORS: Wu Xian　proofread: Liu Peng

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