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Business Standard
01-07-2025
- Business
- Business Standard
Delhi HC stays order directing Amazon to pay ₹339 cr in trademark case
A division bench of the Delhi High Court on Tuesday stayed a 2020 single-judge order that had directed Amazon Technologies to pay Rs 339 crore in damages to Lifestyle Equities for alleged trademark infringement involving the 'Beverly Hills Polo Club' brand. The division bench of Justice C Hari Shankar and Justice Ajay also stayed the cost imposed by the single judge. 'The considerations outlined hereinabove make out, in our considered opinion, an exceptional case, in which it would be a complete travesty of justice to require the appellant Amazon Tech to deposit, or secure, any part of the amount decreed by the impugned judgment, in order to maintain its appeal,' the bench said. The court said there was no specific finding by the single judge against Amazon Tech, identifying its role in the affixation of the mark Beverly Hills on the apparel sold by Cloudtail on the Amazon Seller Services Private Limited (ASSPL) online platform. It added that the single judge's findings were largely generalised in nature, concentrating on the phenomenon of e-infringement and reflecting a view that, if Amazon Tech desired, it could infringe, rather than infringing. The division bench also said that it did not find any prima facie sustainable allegations of involvement by Amazon Tech in any infringement of Lifestyle's registered trademark. 'This, therefore, is not merely a case in which damages have been awarded against Amazon Tech without any finding, by the learned single judge, of involvement in the alleged infringing activities, but is, in fact, a case where no such pleadings exist,' the bench said. Amazon's main appeal will come up for hearing on 9 October. In 2020, Lifestyle Equities filed an infringement suit against Amazon Technologies and others alleging unauthorised use of a mark similar to its brand. Lifestyle claimed the infringing trademark appeared on apparel manufactured and sold by Amazon Technologies under its Symbol brand, and that Cloudtail India, a major seller on was also involved in the sales. The single-judge bench in October 2020 then issued an interim injunction restraining Amazon and Cloudtail from selling the alleged infringed products.
The Print
01-07-2025
- Business
- The Print
Delhi HC stays order directing Amazon to pay Rs 340 cr for infringing trademark
The decision of a bench comprising Justice C Hari Shankar and Justice Ajay Digpaul came on the plea against a single judge's order directing Amazon Technologies to pay Lifestyle Equities damages of 39 million dollars after finding that Amazon infringed upon its 'Beverly Hills Polo Club' trademark. New Delhi, Jul 1 (PTI) The Delhi High Court on Tuesday stayed an order directing Amazon Technologies Inc to pay around Rs 340 crore as damages and costs for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club. 'The considerations outlined herein above make out, in our considered opinion, an exceptional case, in which it would be a complete travesty of justice to require the appellant Amazon Tech to deposit, or secure, any part of the amount decreed by the impugned judgment, in order to maintain its appeal,' the bench said on Tuesday. The court held there was no specific finding by the single judge and that it was largely generalised in nature, concentrating on the phenomenon of e-infringement and reflect a view that, if Amazon Tech desired, it could infringe, rather than that it did infringe. It did not find any prima facie sustainable allegation of involvement by Amazon in any infringement of Lifestyle's registered trademark. 'This, therefore, is not merely a case in which damages have been awarded against Amazon Tech without any finding, by the learned Single Judge, of involvement, in the alleged infringing activities, but is, in fact, a case where no such pleadings exist,' the court said. In 2020, Lifestyle Equities filed a trademark infringement suit against Amazon Technologies and others alleging that they infringed upon its registered 'BEVERLY HILLS POLO CLUB' logo/device marks by using a deceptively similar mark on apparel and other products sold on their platforms. It was claimed that Amazon was manufacturing and selling products under the brand 'Symbol' with the infringing mark, and that Cloudtail India, operating on the marketplace, was also involved in the sale of these infringing products. PTI UK UK AMK AMK This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Indian Express
01-07-2025
- Business
- Indian Express
Delhi HC stays order directing Amazon to pay Rs 340 cr for infringing trademark
The Delhi High Court on Tuesday stayed an order directing Amazon Technologies Inc to pay around Rs 340 crore as damages and costs for trademark infringement of the luxury lifestyle brand, Beverly Hills Polo Club. The decision of a bench comprising Justice C Hari Shankar and Justice Ajay Digpaul came on the plea against a single judge's order directing Amazon Technologies to pay Lifestyle Equities damages of 39 million dollars after finding that Amazon infringed upon its 'Beverly Hills Polo Club' trademark. Amazon's main appeal against the order has been posted on October 9. 'The considerations outlined herein above make out, in our considered opinion, an exceptional case, in which it would be a complete travesty of justice to require the appellant Amazon Tech to deposit, or secure, any part of the amount decreed by the impugned judgment, in order to maintain its appeal,' the bench said on Tuesday. The court held there was no specific finding by the single judge and that it was largely generalised in nature, concentrating on the phenomenon of e-infringement and reflect a view that, if Amazon Tech desired, it could infringe, rather than that it did infringe. It did not find any prima facie sustainable allegation of involvement by Amazon in any infringement of Lifestyle's registered trademark. 'This, therefore, is not merely a case in which damages have been awarded against Amazon Tech without any finding, by the learned Single Judge, of involvement, in the alleged infringing activities, but is, in fact, a case where no such pleadings exist,' the court said. In 2020, Lifestyle Equities filed a trademark infringement suit against Amazon Technologies and others alleging that they infringed upon its registered 'BEVERLY HILLS POLO CLUB' logo/device marks by using a deceptively similar mark on apparel and other products sold on their platforms. It was claimed that Amazon was manufacturing and selling products under the brand 'Symbol' with the infringing mark, and that Cloudtail India, operating on the marketplace, was also involved in the sale of these infringing products.
Mint
01-07-2025
- Business
- Mint
Delhi High Court stays ₹340-crore damages order against Amazon in trademark case
The Delhi High Court has delivered Amazon Technologies, a subsidiary of global e-commerce giant Amazon Inc., a major reprieve in a trademark infringement case against it. On Tuesday, a division bench of the high court stayed a single-judge order that had directed the company to pay nearly ₹ 340 crore ($39 million) in damages to Lifestyle Equities for trademark infringement involving the Beverly Hills Polo Club brand. The bench of justices Hari Shankar and Ajay Digpaul granted the interim stay without requiring Amazon to make a pre-deposit. However, Amazon has been asked to undertake that it will pay the damages if the final decision goes against it. The court clarified that the stay order would not influence the outcome of the appeal. The dispute began in 2020, when Lifestyle Equities a UK company that owns and manages the Beverly Hills Polo brand filed a trademark infringement suit against Amazon Technologies and others, alleging unauthorised use of a deceptively similar mark on apparel and other products sold on Amazon platforms. The company claimed the infringing trademark appeared on apparel manufactured and sold by Amazon Technologies under its Symbol brand, and that Cloudtail India, a major seller on was also involved in the sales. In October 2020 the high court issued an interim injunction restraining Amazon and Cloudtail from using the mark and ordered that the infringing listings be removed. Amazon Technologies failed to appear at the proceedings and was eventually proceeded against ex-parte. Meanwhile, Cloudtail India admitted it had sold infringing products between 2015 and July 2020, earning total sales of ₹ 23.9 lakh with a profit margin around 20%. While Cloudtail offered to settle, mediation attempts failed, leading the court to pass a decree against Cloudtail and awarding ₹ 4.78 lakh in damages to Lifestyle Equities. In its final judgement on 25 February 2025, the single-judge bench held Amazon liable for about ₹ 340 crore in total damages and costs, saying that its close commercial relationship with Cloudtail made it directly responsible for the infringement. The court examined the Amazon-Cloudtail brand license and distribution agreement, noting that it granted Cloudtail extensive rights to use Amazon's trademarks and branding, undermining Amazon's defence of being a mere intermediary. The court awarded $5 million for Lifestyle's additional advertising and promotional expenses incurred to protect its brand reputation, and $33.78 million in compensatory damages for lost royalties, bringing the total to $38.78 million (around ₹ 336 crore) plus litigation costs.
Mint
01-07-2025
- Business
- Mint
Delhi High Court stays ₹340-crore damages order against Amazon in trademark case
The Delhi High Court has delivered Amazon Technologies, a subsidiary of global e-commerce giant Amazon Inc., a major reprieve in a trademark infringement case against it. On Tuesday, a division bench of the high court stayed a single-judge order that had directed the company to pay nearly ₹ 340 crore ($39 million) in damages to Lifestyle Equities for trademark infringement involving the Beverly Hills Polo Club brand. The bench of justices Hari Shankar and Ajay Digpaul granted the interim stay without requiring Amazon to make a pre-deposit. However, Amazon has been asked to undertake that it will pay the damages if the final decision goes against it. The court clarified that the stay order would not influence the outcome of the appeal. The dispute began in 2020, when Lifestyle Equities a UK company that owns and manages the Beverly Hills Polo brand filed a trademark infringement suit against Amazon Technologies and others, alleging unauthorised use of a deceptively similar mark on apparel and other products sold on Amazon platforms. The company claimed the infringing trademark appeared on apparel manufactured and sold by Amazon Technologies under its Symbol brand, and that Cloudtail India, a major seller on was also involved in the sales. In October 2020 the high court issued an interim injunction restraining Amazon and Cloudtail from using the mark and ordered that the infringing listings be removed. Amazon Technologies failed to appear at the proceedings and was eventually proceeded against ex-parte. Meanwhile, Cloudtail India admitted it had sold infringing products between 2015 and July 2020, earning total sales of ₹ 23.9 lakh with a profit margin around 20%. While Cloudtail offered to settle, mediation attempts failed, leading the court to pass a decree against Cloudtail and awarding ₹ 4.78 lakh in damages to Lifestyle Equities. In its final judgement on 25 February 2025, the single-judge bench held Amazon liable for about ₹ 340 crore in total damages and costs, saying that its close commercial relationship with Cloudtail made it directly responsible for the infringement. The court examined the Amazon-Cloudtail brand license and distribution agreement, noting that it granted Cloudtail extensive rights to use Amazon's trademarks and branding, undermining Amazon's defence of being a mere intermediary. The court awarded $5 million for Lifestyle's additional advertising and promotional expenses incurred to protect its brand reputation, and $33.78 million in compensatory damages for lost royalties, bringing the total to $38.78 million (around ₹ 336 crore) plus litigation costs. This single-judge order was considered a landmark ruling by experts because it established that e-commerce platforms such as Amazon could be held directly liable for trademark infringement by sellers on their platforms. Platforms have traditionally claimed they are mere intermediaries, but the court held that Amazon's agreements and control over sellers made it accountable.
