In the recent case of Jadebay Limited v Clarke-Coles Limited (t/a Feel Good UK) 2017 EWHC 1400 in the Intellectual Property Enterprise Court, two related claimants, both online flag retailers, brought a successful trademark infringement action under Section 10(2) of the Trademarks Act 1994 as well as a successful action for passing off against another online retailer which was selling a similar (but non-identical) product under the Amazon listings created by one of the claimants. The case highlights the challenges of sales through an online marketplace, particularly where similar or identical products from rival enterprises may be grouped together.

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