Amazon and LUSH Cosmetics continues its copyright infringement battle

LUSH Cosmetics co-founder Mark Constantine filed a lawsuit against Amazon for allegedly violating its copyright by offering similar bath and body products under the term "lush," even though the two parties don't have a distributing partnership.

Because LUSH is based out of the United Kingdom, the company decided to sue Amazon's UK division after "ask[ing] them 17 times [to settle the dispute] before we went to court," Constantine told the Guardian. "After a while you realize you're being bullied." These requests were made over a three-year period, but Amazon did not contest to these inquiries.

Recently, the United Kingdom High Court voted in favor of LUSH's case, stating that the court "recognize[d] Lush's intellectual property rights after they brought trade mark infringement proceedings against Amazon." Huffington Post contributor Asa Bennett added that the court contested LUSH's decision to not allow Amazon sell related goods under the term "lush."

Despite Judge John Baldwin's ruling on the case, Amazon UK conceded that they plan on appealing the case, and therefore had no plans on removing the results of products that were related to the search term "lush." In response to not complying to the High Court's ruling, Constantine decided to copyright "Christopher North," who is the managing director of Amazon UK. LUSH plans on releasing a line of North bath and body products for those who have "recent history of dry dull skin."

It originally started as a joke, but Constantine explained that he intends on releasing a full line of North products like deodorant, leg wax and toothpaste if Amazon continues to protest the ruling.

LUSH's decision to openly attack Amazon may not be a move independent organizations may want to consider, but it truly shows that it can be difficult to have an intellectual property battle against a large company. Startups that want to be prepared to defend its trade secrets can benefit from working with a small business attorney.

Categorised in: Intellectual Property Law

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