Key Takeaways
- Lifestyle Equities v Amazon [2024] UKSC 8 confirms that trade mark infringement online can occur even when the website and seller are based overseas if the site targets UK consumers.
- The Supreme Court upheld the “targeting test”: a foreign website only infringes UK trade marks if it directs its advertising or sales offers at UK customers, not simply because the site is accessible in the UK.
- You cannot rely on your business being outside the UK to avoid liability if you actively target UK customers through shipping, currency options, or marketing.
- For brand owners, proving that a foreign website is targeting UK consumers requires strong evidence such as UK shipping, GBP pricing, or UK-focused advertising.
- The court rejected the previous “sold to” rule, so simply shipping goods to the UK is not infringement unless it is linked to targeted activities.
- Ignoring online trade mark infringement can cause serious commercial harm: lost sales, loss of control over your brand, and difficulty removing illegal listings.
- You must generally bring a claim for damages within six years of infringing acts; do not delay in seeking advice.
- Brand owners and online sellers should review their evidence early and act proactively to enforce or defend trade mark claims.
- Our solicitors at Go Legal provide rapid, practical legal advice and representation in all matters involving trade mark infringement online.
Book a free consultation with our expert team.
What Counts as Trade Mark Infringement Online After the Supreme Court’s Amazon Decision?
Can your UK trade mark be infringed by a US website if it never sets foot in Britain but makes online sales? The Supreme Court’s ruling in Lifestyle Equities v Amazon [2024] UKSC 8 has redrawn the legal boundaries for businesses in cross-border e-commerce. It sets out exactly when overseas websites and foreign platforms cross the line into actionable trade mark infringement in England & Wales.
Global digital platforms like Amazon.com mean that a trade mark’s protection is now shaped by whether foreign online activity “targets” UK consumers. This article explains when online actions such as advertising, product listings, or Google Ads will amount to UK trade mark infringement, what evidence is decisive, why site accessibility alone is not enough, and how the “sold to” rule has changed the risk for both rights holders and online sellers.
If your brand or business is at risk from unauthorised use online, or you need to defend a cross-border claim, our solicitors at Go Legal are on hand to advise on urgent enforcement options, robust defence tactics, and clear practical steps.
What Counts as Trade Mark Infringement Online in England & Wales?
Trade mark infringement online happens when someone uses a protected trade mark without permission for goods or services that are similar or identical to those for which it is registered, in a way likely to confuse the public or take unfair advantage of or damage the brand’s reputation. Official guidance from GOV.UK confirms that using an identical or similar mark for similar goods or services, where confusion is likely, is infringing. If the trade mark has a major reputation, even non-confusing use can infringe if it damages or exploits the mark’s good name.
Trade mark law in England & Wales covers acts carried out through websites, digital marketplaces, social media, and online advertising. Online businesses based overseas are at risk if their activities reach or target UK consumers.
When Is Using a Trade Mark Online an Infringement?
Using a trade mark “in the course of trade” online means doing business through websites, online ads, or digital platforms in relation to goods or services for which the mark is registered. This includes:
- Listing or selling goods on Amazon, eBay, or your own store.
- Running online advertising or sponsored content that uses the mark.
Unintentional use that confuses the public can infringe. Intentional conduct often involves leveraging another’s reputation.
Section 10(1) of the Trade Marks Act 1994, as confirmed in judicial authority, provides:
A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
Offering, advertising, or storing goods for sale online may count as use “in the course of trade” in England & Wales if directed at UK consumers.
The Targeting Test: How Do Courts Decide If a Foreign Website Infringes?
Courts use the “targeting” test to decide if foreign websites are using a mark in England & Wales. Mere technical accessibility is not enough. What matters is whether the website’s activity is directed at UK consumers.
This is judged objectively: would the average UK consumer see the site or ads as directed at them? Evidence includes UK shipping options, UK pricing or language, use of a .co.uk domain, UK ads, a high proportion of UK visitors, and references to UK delivery. The business’s subjective intent (for example, emails about marketing to the UK) may tip the balance.
Collect and date all evidence showing whether your site, listings or adverts aim at UK customers.
To learn more about dispute strategies, read our article on Commercial Litigation Overview.
Step-by-Step Checklist: How to Prove or Disprove Targeting in Online Trade Mark Infringement
Evidence is central to both proving and defending claims about targeting in trade mark disputes. Use these checklists:
For trade mark owners seeking to prove targeting:
- Take screenshots showing offers to ship to the UK.
- Save web pages displaying GBP or UK English.
- Keep records of advertising campaigns aimed at UK users.
- Obtain analytics showing orders or visits from UK IP addresses.
- Identify any UK addresses, phone numbers, or UK-specific contact methods on the site.
- Retain emails, testimonials, or marketing that reference UK customers.
For online sellers defending against allegations:
- Keep evidence of geo-blocking or restricted access for UK users.
- Capture pages showing USD-only pricing and US English.
- Maintain policies and disclaimers stating sales are for US customers only.
- Keep internal documents evidencing a lack of intention to serve the UK.
- Archive correspondence that demonstrates the UK market is excluded.
If you are considering action against a competitor’s mark, you may also find our guide on Trade Mark Opposition – How to challenge a competitor’s trade mark application useful.
Has the “Sold To” Principle Been Rejected? What Actually Counts as Online Sale in the UK?
The Supreme Court in Lifestyle Equities v Amazon [2024] UKSC 8 made clear that simply completing a sale to a UK consumer via an overseas website does not, by itself, infringe a UK trade mark. For liability, either the offer or advertising must have targeted UK consumers, or there must be another substantial UK connection (such as goods being in the UK or a UK-based presence).
Allowing a UK buyer to buy from a non-UK website and personally import goods, without more, is not enough. The core questions are whether the sale arose from targeting of the UK, or whether other aspects tie the activity to England & Wales.
What Laws and Deadlines Apply to Trade Mark Infringement Online?
Trade mark infringement in England & Wales is governed by the Trade Marks Act 1994 (TMA), especially section 10. Section 10(1) provides:
A person infringes a registered trade mark if he uses in the course of trade a sign which is identical with the trade mark in relation to goods or services which are identical with those for which it is registered.
Section 10(3) (as partly quoted in verified judicial authority) covers cases where use of an identical or similar sign takes unfair advantage of or damages the reputation of the registered mark.
The GOV.UK guidance states there is no remedy for infringement of an unregistered mark. Using a similar mark for similar goods or services can also infringe, especially where the public may be confused.
We also have further information in our guide on Trade Mark Opposition – How to challenge a competitor’s trade mark application.
For damages or account of profits, the limitation period is six years from each act of infringement. For non-financial remedies such as injunctions, you can usually apply at any point while the infringement continues. Act promptly and check the current position with a solicitor.
What Do the Courts Say About Online Targeting and Trade Mark Liability?
The Supreme Court in Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8 confirmed that foreign website activity will only create UK liability if there is evidence of targeting UK consumers. UK shipping options, GBP pricing, UK-facing marketing and contact points all count as relevant factors. Simple accessibility from the UK is not sufficient.
The test is highly fact-specific and takes the perspective of the average UK consumer. Where evidence is finely balanced, subjective intention (for example, an internal plan to expand into the UK) may be persuasive.
If you are unsure how these Supreme Court principles affect your situation, our solicitors can review your evidence of targeting or non-targeting and advise you on risk and next steps.
What Remedies Can You Get for Online Trade Mark Infringement?
Courts in England & Wales may grant:
- Injunctions—on an interim or final basis—to prevent ongoing or future unauthorised use of the mark.
- Damages or account of profits, compensating the rights holder or disgorging gains from infringement.
- Orders for delivery-up or destruction of infringing goods, packaging, and promotional materials (including forced takedown of online listings).
- Action through platform mechanisms (such as Amazon Brand Registry or eBay VeRO) to secure removal or suspension of illegal listings.
- Website blocking orders in appropriate cases, requiring platforms or ISPs to block UK access to infringing sites.
- Legal costs, if successful.
If urgent help or an immediate injunction is needed, our solicitors are experienced at fast-tracking these applications.
How to Defend Against an Online Trade Mark Infringement Claim
If accused of online trade mark infringement, effective action is critical:
- Respond quickly; ignoring legal notices could lead to default judgment.
- Immediately pause all sales to the UK using the disputed trade mark.
- Review if your site or adverts are genuinely directed at the UK, or are merely global.
- Gather documents showing no intention to target UK customers (geo-blocking, US-only sales policies).
- Check for legitimate defences: rights in the mark, descriptive use, or permission.
- Consider early settlement if it will avoid a costly and disruptive dispute.
Our solicitors can help you present evidence that your activity is not targeting the UK, manage correspondence to defend your position, or negotiate settlement where appropriate.
Enforcement Beyond the Website: Online Advertising, Social Media, and Domain Names
Stopping Trade Mark Infringement in Google Ads and Keyword Advertising
Using another brand’s trade mark as a Google Ads keyword or in online adverts may infringe rights, especially if the advert creates confusion about the source of goods or takes unfair advantage of the brand’s reputation. Courts will analyse whether the advert misleads or simply refers to the brand in a non-confusing, descriptive way.
Enforcing Trade Mark Rights Against Infringing Domain Names and Social Media Handles
Registering or using a brand’s mark in a domain name (cybersquatting) or as a social handle to impersonate or divert traffic can amount to trade mark infringement or passing off. This risk increases where the domain is used to sell similar products, create confusion or benefit from another’s goodwill.
Best practice includes gathering “whois” data, website evidence and posts, and using registrar and platform complaints tools. When complaints fail, legal notice or proceedings may be necessary.
Our solicitors at Go Legal regularly advise on strategies combining platform procedures with targeted legal action.
Blocking Orders and Platform Remedies for Online Trade Mark Infringement
If more conventional steps (like takedowns or legal threats) fail or infringers are anonymous or out of reach, courts can grant blocking injunctions. These require ISPs or web platforms to block UK access to sites that infringe trade marks repeatedly or cause ongoing harm.
Our Winning Approach to Trade Mark Infringement Online
Our approach to online trade mark infringement is rapid, evidence-led, and commercial:
- We analyse online footprints and platform records to determine targeting and cross-border risk.
- We secure and preserve vital evidence: screenshots, advertising data, platform analytics.
- We use clear correspondence to achieve quick, cost-effective settlements where possible.
- We litigate robustly on your behalf when platform or informal procedures fail or speed is essential.
- We advise defendants how to build robust evidence to show no targeting of the UK.
- We provide quick access to senior legal advice so you understand risks and avenues early on.
If you are affected by trade mark infringement online—either as a rights holder or accused party—prompt legal help from our solicitors can make the difference between business disruption and a successful outcome.
Frequently Asked Questions
Can I be sued for trade mark infringement online if I only sell via a foreign website?
Yes, if your website or activities are found to target UK consumers—such as by offering UK shipping, advertising in GBP, or running UK-focused marketing—UK courts may find you liable even as a foreign business. Just having a site visible in the UK is not enough.
What evidence do I need to show a website is targeting UK consumers?
Record whether the website offers UK shipping, uses GBP prices or UK English, runs UK advertising, or shows UK contact details. Analytics of UK visitors and sales, along with dated screenshots, are also strong evidence.
Is using my trade mark as a Google Ads keyword always infringement?
Not always. The key is whether this use confuses the public, damages your reputation, or unfairly benefits from your brand. Strong evidence of confusion or loss will strengthen your position.
Can a UK court order a website or ISP to block access to infringing content?
Yes. In clear cases—especially where infringers are persistent or unreachable—courts can order platforms or ISPs to block UK users from accessing infringing sites.
What if my brand name is being used as a domain name or handle?
Take comprehensive screenshots and records, use platform complaints procedures first, and consider a legal notice or proceedings if necessary.
What if I discover counterfeit goods listed online?
Keep a record of the listing, report it through the online platform, and if there is no response, seek urgent legal advice about next steps, including possible injunctions.
How do time limits work for online trade mark claims?
For damages, the limitation period is six years from the infringing act. Injunctions can normally be sought while infringement continues. Take advice quickly to avoid waiving your rights.
Can ignoring a claim make my position worse?
Absolutely. Ignoring claims can lead to default judgment or orders you cannot challenge later and could limit your defences.
Does lack of intention to target the UK provide a defence?
Intention can affect the balance where evidence is equivocal, but courts focus on the objective impression left on UK consumers. Objective evidence is crucial.
Is a solicitor necessary for online trade mark infringement action?
It is possible to handle some issues yourself, but cross-border cases and targeting disputes are complex. Our specialist solicitors build the strongest case for enforcement or defence.
Speak to a Trade Mark Infringement Solicitor Today
If your trade mark is being used online without your consent, or if you face an accusation around website or marketplace activity, our senior legal team can swiftly assess your position and help you plan your response.
- Arrange a call with our solicitors or book online.
- Book an initial consultation to understand your legal position and next steps.
- We advise both rights holders and accused businesses and individuals across England & Wales.
Book a free consultation with our expert lawyers.
Get Specialist Advice on Trade Mark Infringement Online Today
Understanding online trade mark infringement is vital for both brand owners and digital businesses. The law in England & Wales now depends on the targeting test and a fact-based analysis of how the website’s conduct affects UK consumers, as set out by the Supreme Court in Lifestyle Equities v Amazon. Gathering reliable evidence quickly and presenting your case robustly are essential to protect your position.
Our solicitors at Go Legal specialise in complex, cross-border trade mark disputes. We assemble and present the critical evidence necessary for successful enforcement or defence. For prompt, authoritative advice on all aspects of trade mark infringement online, call us on 0207 459 4037 or book a free consultation.
