Appeal
Lifestyle Equities CV and another company v Amazon UK Services Ltd and other companies [2022] EWCA Civ 552 [2022] All ER (D) 58 (May)
The Court of Appeal, Civil Division allowed the appeal brought by the appellants, the owners and the exclusive licensees of the trademarks ‘Beverly Hills Polo Club’, from a decision which dismissed their infringement claim against the respondents, a group of companies that operate e-commerce websites. The appellants alleged that the judge erred in five respects: (i) he had wrongly imposed a requirement that the website should uniquely target the territory in question, or at least had wrongly treated the absence of that as highly significant; (ii) he had wrongly imposed a requirement that the operator should subjectively intend to target the territory in question, or at least had wrongly treated the absence of such an intention as highly significant; (iii) he had failed correctly to assess the contexts of the various uses complained of; (iv) he had wrongly treated highly relevant factors relied on by the appellants as largely irrelevant; and (v) he had wrongly proceeded
