Trademark suit: Amazon unit told to pay $39 mn costs

The Delhi High Court has ordered an Amazon unit to pay $39 million in damages for infringing the "Beverly Hills Polo Club" trademark after garments with identical branding were sold on Amazon's India website, a court order showed on Wednesday.

Lawyers called the ruling a landmark judgment in terms of the amount of damages assessed against a US firm in trademark cases.

The case was initiated in 2020 by Lifestyle Equities, the owner of "Beverly Hills Polo Club" (BHPC) horse trademark, which alleged Amazon's India website had listings of apparel with a similar logo at a fraction of the price. The infringing brand was owned by Amazon Technologies and sold on the Amazon India website, the court said. Amazon has denied wrongdoing. Company spokespersons in US and India did not respond to requests for comment on the court order.

“The logo which has been used is hardly distinguishable,” the court noted in its 85-page order, which also contained photos of T-shirts comparing the two marks. Amazon “is well-aware of the exclusive rights of the BHPC mark and logo as it has been involved in litigation” in multiple jurisdictions, including the UK, the court added.

“This is likely the highest damages sum awarded in a trademark infringement suit in India ... It remains to be seen how this judgment is enforced by the US courts,” said Aditya Gupta, a partner at Ira Law.