An Indian court has ordered Amazon to pay $39m (£30m approx) in damages for infringing the “Beverly Hills Polo Club” (BHPC) trademark, marking one of the highest damages awards in an Indian trademark case.
Lifestyle Equities, BHPC’s owner, sued Amazon in 2020, alleging that the platform sold apparel with a nearly identical logo, under the brand name Symbol, infringing on the trademark.
The Delhi High Court, on Wednesday, issued a permanent injunction against Amazon, noting the company’s awareness of BHPC’s rights due to past litigation in multiple countries. Initially, the court had granted an interim injunction preventing Amazon from selling the contested products.
Cloudtail India, an Amazon-affiliated seller, complied with the order.
However, Amazon attempted to shift liability to Cloudtail, arguing that its brand license agreement exempted it from paying damages.
Lifestyle Equities countered that trademark violations were not covered under this agreement, leading to a renewed court battle.
On Wednesday, the court ruled against Amazon, emphasising Amazon Seller Services’ role as an intermediary and holding it accountable for the infringement.
The Delhi High Court said that “the logo which has been used is hardly distinguishable”.
Amazon previously lost a similar trademark case in the UK and has faced accusations of promoting knockoff products in India.
Screenshot from the Indian court's order which imposes a $39M fine on Amazon for "Beverly Hills Polo Club" trademark infringement pic.twitter.com/J7AP6ax6vj
— Aditya Kalra (@adityakalra) February 27, 2025
Justice Prathiba M Singh called Amazon’s actions “deliberate and wilful infringement” and noted Amazon’s “deliberate strategy of obfuscation, pretending to wear different hats – one as an intermediary, one as a retailer, and one as a brand owner – all in an attempt to shift responsibility and evade liability for trademark infringement”, Live Law reported.
The Independent has reached out to an Amazon India spokesperson for comment on the court order.
Lifestyle Equities CV and Lifestyle Licensing BV say they legally own the Beverly Hills Polo Club (BHPC) brand. They manufacture, distribute, and sell a diverse range of products under the BHPC brand, including clothing, accessories, footwear, furniture, textiles, watches, and personal care items.
India court orders Amazon to pay $39 million in damages for trademark infringement. It is indeed a landmark judgment that will set a precedence. It is also a wake up for the grey world of online marketplace commerce @adityakalra @Reuters https://t.co/Cf4tZTrEDw
— Ankur Bisen (@AnkurBisen1) February 27, 2025
The Beverly Hills Polo Club (BHPC) trademark features a polo player on a charging horse, representing the sport and a luxury lifestyle. The brand owners claim this logo uniquely identifies their products. The trademark is registered in 91 countries, including India, where BHPC products have been sold since 2007.
This ruling adds to Amazon’s regulatory troubles in India. Last year, antitrust investigations conducted by the Competition Commission of India (CCI) found that Amazon and Flipkart, another e-commerce site, violated competition laws by favouring select sellers and offering exclusive deals with smartphone makers like Samsung, Xiaomi, and others.
The investigation revealed in September last year that these companies colluded with the e-commerce platforms to launch phones exclusively on their sites, hurting competition, Reuters reported.
