London Associate Paul Sweeden authored an article for The Trademark Lawyer analyzing key issues in an English High Court decision in which a number of Beverly Hills Polo Club (BHPC) trademarks were held as not infringed by Amazon because its U.S. website was not deemed to be “targeting” consumers within the UK.
He concluded, “The decision provides further clarity on what constitutes targeting of consumers via a website, as well as providing useful input on the application of the average consumer test. Indeed, the decision to a large extent is relatively consistent with existing case law on targeting of consumers within the UK and EU via an e-commerce platform.”
To read the full article, click here.
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