Lush victory over Amazon puts search terms back in the spotlight

In December, WTR asked whether AdWord disputes could be back on the litigation agenda after UK cosmetics company Lush took Amazon to the High Court of England and Wales, claiming trademark infringement in a dispute centred on search terms. While this week’s decision in the case was fact-specific, it offers some important guidance on online advertising practices and could impact how retailers use related trademarks in instances where they don’t actually stock a particular brand.