New Delhi [India], July 1 (ANI): The Delhi High Court on Tuesday granted an interim stay on the operation of a single judge order imposing heavy damages and costs of over Rs 339 crores on Amazon in a case of trademark infringement.

The High Court in February 2025 had directed Amazon Technology Inc. to pay the amount for infringement of the luxury brand Beverly Hills Polo Club (BHPC) owned by Lifestyle Equities.

The division bench of Justices C Hari Shankar and Ajay Digpaul passed the order granting an interim stay.

Amazon had challenged the judgment passed by the single-judge bench on February 25, 2025.

The High Court said that Amazon is not required to pay an amount for the interim stay. Though it would satisfy the damages if there is an order against it. The detailed order is to be uploaded by the High Court.

Earlier, a Single judge had passed the judgment in favour of BHPC and against Amazon Technology Inc.

The court had said, 'Considering the fact that the Defendants have indulged in deliberate and wilful infringement as also the various factors which are set out herein above, the royalties that the Plaintiffs would have earned based on their business plan which they clearly achieved in the first year is a reasonable measure of damages in the present case in order to compensate the Plaintiffs,'

'A decree of damages to the tune of $38.78 million, as of the date, equal to 336,02,87,000.00 is granted in favour of the Plaintiffs against Defendant No.1. (Amazon Technology Inc).' A single judge held in the judgment passed on February 25.

The bench had also said that If the said amount is paid within three months, no interest would be liable to be paid. However, if the same is not paid by the Defendant, interest at the rate of 5% per annum would be payable from the date of this judgment until the full realisation of the said amount.

The bench had also passed a decree of costs to the tune of Rs 3,23,10,966.60 along with the Court Fee.

This suit was filed by Plaintiff Lifestyle Equities C.V. (LECV) and Lifestyle Licensing B.V. (LLBV) in 2020, seeking a permanent injunction and damages against the Defendants for infringement of their registered trademark, Beverly Hills Polo Club (BHPC).

The allegation in the plaint was that the three Defendants have engaged in activities that constitute a violation of the exclusive rights in the BHPC logo mark.

The Plaintiffs had asserted that they are the rightful proprietors of the BHPC mark, which enjoys extensive goodwill and recognition in the domestic and international markets.

It was contended that the Defendants were unlawfully using a mark identical or deceptively similar to the Plaintiffs' trademark, thereby violating their statutory and common law rights.

It was stated that the horse device is a prominent part of the trademark. The word mark, along with the logo, is a registered trademark of the Plaintiff in various countries of the world.

They had submitted that they are the registered proprietors of various marks, including the device mark, in approximately 91 countries, including the USA, UK, India, UAE, Nepal, Mexico, Germany, etc.

As per the plaint, Defendant No.1 (Amazon Technology Inc.) was dealing with apparel products under. The private label- 'Symbol', consisting of a horse device mark almost identical to the BHPC logo device, thereby leading to infringement and unauthorised use. Defendant No.2-Cloudtail India Private Limited is alleged to have acted as the retailer of the said infringing apparel products, making them available for sale on the e-commerce platform www.amazon.in, which is managed and operated by Defendant No.3 Amazon Seller Services Private Limited.

It was contended by the Plaintiffs that such unauthorised use of the infringing marks on the Defendant's platform constitutes trademark infringement and misrepresentation, causing consumer confusion and dilution of the Plaintiffs' mark and goodwill. (ANI)