Lush files trademark infringement case against Amazon over diversionary search adverts around its brand

Ethical cosmetics company Lush has launched court proceedings against online retailer Amazon in an attempt to block it offering similar, alternative products the retail company stocks instead through search advertising.

The Observer reports that Lush, which does not allow the US retail giant to stock its products, has claimed that by setting up search adverts targeting those who search for the brand and diverting potential customers to look at rival cosmetic products, it is infringing its trademark.

The High Court documents claim that "Lush brought trademark infringement proceedings against Amazon on the basis that when the term 'Lush' was searched for on Amazon's website, the results returned were for goods which, although they featured the word 'lush' in a number of contexts, were not in fact made by Lush. Amazon had also bid on the Google AdWord 'Lush Bath Products' but did not, in fact, sell any Lush products."

Earlier this year, Interflora successfully sued Marks & Spencer under similar circumstances for trademark infringement, with the High Court ruling that Marks and Spencer could not bid on the trademarked term ‘Interflora’ in the Google AdWords programme.

The ruling for the Lush case against Amazon is expected to be made next year.

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