SkyKick UK Ltd and another v Sky Ltd and others
[2024] UKSC 36
Lifestyle Equities CV and another v Amazon UK Services Ltd and others
6 March 2024
[2024] UKSC 8
Supreme Court
Amazon sold goods from its US website to people in the UK. The UK court said Amazon's website was clearly aimed at UK customers, even though the sale happened in the US. The Supreme Court agreed, saying the website's design made it obvious they wanted UK customers to buy from the US site. Therefore, Amazon broke UK trademark law.
Key Facts
- •Appeal concerning the application of EU and UK trademark law to cross-border internet sales.
- •Dispute involves Amazon's sale of US-branded goods on its Amazon.com website to UK/EU consumers.
- •Lifestyle Equities, owner of UK/EU trademarks, alleges infringement by Amazon.
- •Amazon argues that sales from its US website did not constitute trademark infringement in the UK/EU.
- •The case concerns events before the UK left the EU and is governed by EU legislation and jurisprudence.
Legal Principles
Territorial protection of trademarks: Trademarks offer protection only within the territory where registered.
Article 9 of the EUTM Regulation and Section 10 of the Trade Marks Act 1994
Targeting: Advertisement and offers for sale of branded goods targeted at a protected territory constitute trademark use in that territory.
EU jurisprudence, CJEU case law (e.g., L'Oréal SA v eBay International AG)
Blomqvist doctrine: Sales of branded goods to consumers in the EU, even without targeting, constitute trademark use if the sale is considered to be a form of distribution to the public within that territory.
Blomqvist v Rolex SA (CJEU)
Interflora conditions: For trademark infringement, the claimant must show use of an identical sign within the relevant territory, in the course of trade, without consent, and affecting the trademark's function.
Interflora Inc v Marks and Spencer plc
Appellate review of factual findings: Appellate courts are cautious in overturning a trial judge's evaluation of facts, unless the judge made an error of law or logic, wrongly included/excluded a relevant factor, or was plainly wrong.
Biogen Inc v Medeva plc; Fage UK Ltd v Chobani UK Ltd; In re Sprintroom Ltd
Outcomes
Appeal dismissed.
The Supreme Court found that Amazon's USA website targeted UK consumers through its design and functionality, leading to trademark infringement.
The Court of Appeal's finding of infringement was upheld.
While acknowledging some flaws in the Court of Appeal's reasoning, the Supreme Court concluded they reached the correct outcome regarding targeting.
Blomqvist doctrine not addressed.
The court deemed it unnecessary to consider the Blomqvist doctrine given the finding of targeting.