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Informist, Friday, May. 2, 2025

 

NEW DELHI – American multinational technology company Amazon Technologies, Inc. on Friday moved the division bench of the Delhi High Court against its single judge order asking the company to pay INR 3.40 billion in damages to Lifestyle Equities C.V. and Lifestyle Licensing B.V. for infringement of these companies' registered trademark 'Beverly Hills Polo Club'. After some arguments on Friday, the division bench placed Amazon's case for hearing on Wednesday.

 

Amazon had argued that Lifestyles companies had sought damages but were not able to show any wrong on the petitioner's part. There was no evidence placed before the single judge that Amazon had infringed Lifestyle companies' trademark, said the petitioner. Amazon said that the matter requires a more comprehensive look by the division bench of the court. 

 

In February, Justice Prathiba M. Singh had 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 Lifestyle companies' trademark.

 

Justice Singh had 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, Justice Singh had said. Amazon Technologies also has the leverage through its own platforms to dilute the Lifestyle companies' brand or logo by indulging in deep discounting of its own products that compete with the respondents by using a similar mark or logo, Justice Singh had added.

 

The single judge bench had said Amazon Technologies was placing products priced at 10% of the Lifestyle companies' 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.

 

Justice Singh 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'. Lifestyle companies had said they were the rightful proprietors of 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.

 

Lifestyle companies had 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, Lifestyle companies had said.   End 

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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