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Informist, Thursday, Feb. 27, 2025

 

NEW DELHI – The Delhi High Court has ordered American multinational technology company Amazon Technologies, INC. to pay INR 3.40 billion in damages to Lifestyle Equities C.V. and Lifestyle Licensing B.V. for the infringement of these companies' registered trademark 'Beverly Hills Polo Club'. The court permanently restrained Amazon Technologies from selling, advertising, directly or indirectly dealing in any products or using in any manner the logo mark which was identically or deceptively similar to the petitioners' trademmark.

 

The court said it is a known fact that Amazon Technologies is one of the most dominant players in the e-commerce space. Consequently, it has ways and means to use its dominant presence to promote its own products, as also products that it might otherwise wish to promote, the court said. Amazon Technologies also has the leverage through its own platforms to dilute the petitioners' brand or logo by indulging in deep discounting of its own products that compete with the petitioners by using a similar mark or logo, the court added.

 

Justice Prathiba M. Singh said Amazon Technologies was placing products priced at 10% of the petitioners' product cost. It was also evident that Amazon Technologies was engaging in a deliberate strategy of obfuscation, pretending to wear different hats –- one as an intermediary, one as a retailer, and one as a brand owner -- all in an attempt to shift responsibility and evade liability for trademark infringement, she added.

 

The high court was hearing a suit by Lifestyle Equities C.V. and Lifestyle Licensing B.V. seeking permanent injunction and damages against Amazon Technologies and its related companies Cloudtail India Pvt. Ltd and Amazon Seller Service Pvt. Ltd. for the infringement of their registered trademark 'Beverly Hills Polo Club'. The petitioners said they were the rightful proprietors of the the trademark, which enjoys extensive goodwill and recognition in domestic and international markets. 

 

The 'Beverly Hills Polo Club' word-mark is stated to have been inspired from the geographical location Beverly Hills in Los Angeles, California, an area renowned for its luxury, affluence, and association with high-end fashion and lifestyle products. The trademark of the petitioners consists of the word-mark 'Beverly Hills Polo Club' and the accompanying logo, the image of a 'charging polo pony, the rider and the polo stick or mallet'. Lifestyle Equities C.V. had launched its products in India under the 'Beverly Hills Polo Club' trademark in 2007.

 

The petitioners said Amazon Technologies was dealing with apparel products under the private label 'Symbol' consisting of a horse device mark almost identical to the 'Beverly Hills Polo Club' logo, thereby leading to infringement and unauthorised use. Cloudtail India was acting as the retailer of the infringing apparel products, making them available for sale on the e-commerce platform www.amazon.in, which is managed and operated by Amazon Seller Services, the petitioners said.  End 

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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