Amazon Technologies Inc. has approached the Delhi High Court, seeking relief from a single-judge order that directed the company to pay ₹339.25 crore in damages and costs to the luxury lifestyle brand Beverly Hills Polo Club (BHPC) for trademark infringement.
A division bench comprising Justice C Hari Shankar and Justice Ajay Digpaul heard Amazon’s plea for a stay on the order. After detailed arguments from both parties, the bench reserved its decision. The primary appeal has been scheduled for a hearing on October 09.
Background of the Single-Judge Order:
The single judge had found Amazon guilty of "deliberate and wilful infringement" of BHPC’s registered trademark. The court criticized Amazon for adopting 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.”
Lifestyle Equities C.V. and Lifestyle Licensing B.V., the owners of the BHPC trademark, had claimed that their mark, featuring a charging polo pony with a mounted rider wielding a raised polo stick, was a symbol of their luxury brand. They alleged that Amazon was selling apparel under the 'Symbol' brand, which used a horse logo similar to BHPC's, amounting to trademark infringement.
The plaintiffs also pointed out that Cloudtail India Private Limited acted as a retailer of the infringing products on the Amazon platform, managed by Amazon Seller Services Private Limited.
- October 12, 2020: The court issued an ad-interim injunction against Amazon Technologies and Cloudtail India, restricting them from using the BHPC trademark and directed Amazon Seller Services to remove the infringing products.
- March 02, 2023: The court granted a permanent injunction against Amazon Technologies, prohibiting the use of the BHPC logo in any form.
Based on the evidence presented, the court concluded that BHPC was entitled to compensation, which included:
- USD 33.78 million as compensatory damages.
- USD 5 million to cover increased advertising and promotional expenses.
- ₹3.23 crore for litigation costs.
In total, the court directed Amazon to pay ₹339.25 crore to BHPC. Amazon has now challenged this ruling, seeking a stay on the payment and further relief.
Title: Amazon Technologies Inc v. Lifestyle Equities
