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The Chancery Division of the High Court has upheld a claim by Lush Cosmetics arising from Amazon’s use of the word “LUSH” (a registered trade mark) both as a Google Adword and as a means of directing customers who search for it on the Amazon website to competing products. The Judge held that such use amounted to infringement of the trade mark under Article 5(1)(a) of Directive 2008/95/EC.

The Judge also found that the two Defendants (one UK and one Luxembourg entity) were jointly liable, since they “joined together and agreed to work together in the furtherance of a common plan”.

Michael Bloch QC represented the successful Claimants.

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