The Delhi High Court has awarded Lifestyle Equities $39 million (approximately Rs 340 crore) in damages, ruling that Amazon violated its “Beverly Hills Polo Club” trademark. Justice Prathiba M Singh passed the order, with a detailed copy still awaited.
Delhi High Court Orders Permanent Injunction Against Amazon for Trademark Infringement
In 2020, Lifestyle Equities filed a lawsuit against Amazon Technologies, alleging that Amazon was selling products under the ‘Symbol’ brand, which used a similar logo to the “Beverly Hills Polo Club” trademark. Cloudtail India was also involved in selling these infringing products on Amazon.in.
The court granted an interim injunction in October 2020, restraining Amazon and its affiliates from using the infringing logo and ordering the removal of such products from the platform. Amazon Technologies did not appear in court and was proceeded against ex-parte, with the injunction being confirmed and made permanent.
Cloudtail Liable for Trademark Infringement, Amazon Held Responsible for Damages
In 2023, Cloudtail India offered a settlement involving damages but failed to reach an agreement after mediation. Cloudtail admitted using the infringing mark from 2015 to 2020, generating Rs 23.92 lakh in revenue and a 20% profit margin from these products. Cloudtail’s counsel argued that damages should be its responsibility alone, citing an Amazon Brand License and Distribution Agreement. However, Lifestyle contested that both Amazon and Cloudtail should be held liable, as the infringing mark was not part of this agreement.
The court acknowledged Cloudtail’s liability but affirmed that Amazon could not be excluded from damages claims. The court awarded Rs 4.78 lakh in damages to Lifestyle, based on Cloudtail’s sales figures. Amazon Seller Services was removed from the list of parties involved, as they complied with the court’s directions and were not involved in substantive wrongdoing.
Summary:
The Delhi High Court awarded Lifestyle Equities $39 million in damages after Amazon violated its “Beverly Hills Polo Club” trademark. In 2020, Lifestyle sued Amazon and Cloudtail India for selling infringing products. Despite settlement attempts, Cloudtail was held liable for trademark infringement, with both Cloudtail and Amazon responsible for damages.
