Dodd & Co.

 

In a landmark ruling, Amsterdam-based Lifestyle Equities CV and Lifestyle Licensing B.V. filed a suit for trademark infringement case against Amazon Technologies Inc. Amazon was selling apparel under the label ‘Symbol’ consisting of a horse device mark almost identical to the well-known Beverly Hills Polo Club (BHPC) trademark, causing consumer confusion and diluting the brand’s goodwill.

The Delhi High Court held that Amazon was liable for the willful and deliberate trademark infringement of BHPC’s mark. The adoption and use of the mark on their platform amounted to e-infringement and the Court also pointed out that Amazon has been deliberately shifting between the roles of being the brand owner of Symbol, the intermediary and the retailer to avoid liability.

For the purpose of awarding damages, the Court quantified the financial losses suffered by the Plaintiffs with an actual assessment of the harm caused due to the infringement. Based on factors such as increased advertising and marketing expenses and lost royalties, compensatory damages were awarded. Additionally, the costs including actual legal fees, witness expenses, expert fees, commission execution, and other legitimate litigation costs were also calculated. The Court awarded damages amounting to INR 340 Crores.

Source: Lifestyle Equities CV & Anr. v. Amazon Technologies Inc. [CS(COMM) 443/2020]