Cosmetic Warriors Ltd and Lush Ltd v Amazon.co.uk Ltd [2014] EWHC 181 (Ch)
The High Court tried a case in which the online trader Amazon used Google's Adword service and its own site's search engine in connection with a third party's trademark. When that trademark was typed in the Google search engine, the user would be presented with a sponsored product ad including the trademark word and a link to the Amazon website, although the product was not sold by Amazon. When that trademark was typed in the search engine on Amazon's website, the user would receive the trademark word auto completed, repeated with product words and linked to competing products. The Court held that in both instances the average consumer could not, without difficulty, ascertain that the goods to which it was directed did not originate with the trademark holder. Therefore Amazon infringed third party's trademark rights.
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