Trademark Infringement: Amazon & The US Court

Table of Contents

Share at:

28/10/2015

Amazon has escaped trademark infringement last week after the 9th U.S. Circuit Court of Appeals in San Francisco did a backflip on its decision back in July 2015 in a fresh hearing that Amazon asked for. In doing so, the court affirms the ruling by the lower court in Amazon’s favour. It is extremely rare for a court to reverse its own ruling.

Multi-Time Machine, Inc. (MTM) makes high-end military style watches, including ones that were originally manufactured exclusively for US Special Forces. Their watches are right up your alley if you are looking for a watch forged from a single block aeronautical-grade titanium.

Here is what you need to know:

The dispute is over Amazon’s search function

MTM claimed that this infringed on their trademark because of the manner that Amazon responds to a search result for their trademarked watches.

MTM Special Ops watches are not sold on Amazon, but when a user inputs search request for their watches, Amazon prompts the user with “MTM Special Ops” in the search field. Further, it generates 10 results that are aesthetically similar watches from MTM competitors.

MTM asserts that Amazon’s use of MTM’s trademark name confuses the shopper that MTM has a relationship with the competitors.

Clarity in the search

It was held that MTM did not sufficiently show that there was actual confusion by the shopper. Using an analogy by Justice Silverman in the first hearing, if someone orders a Coke, and the diner says that they don’t carry Coke, only Pepsi, the diner would not be infringing on Coke’s trademark.

The results in Amazon sufficiently generated photographs of other brands of similar watches, specifically identified by their brand name.

You can see the full judgement here.

Let us know what you think by tagging us @lawpath and/or #lawpath.

Find out more about trademarks here, and about IP Australia’s Trademark Facelift.

Want to get trademark protection for your brand? Start here or give us a call on 1800 LAWPATH.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Legal Documents You Need For Your Website

Learn about all the legal documents you need to create and launch your website.

5 Legal Documents for Your Disability and NDIS Businesses & Why You Need Them

Legal documents for NDIS businesses are important to ensure that people with disabilities get the appropriate assistance.

What’s the Difference Between an ABN and ACN? (2026 Update)

An ACN and ABN are both important identifiers for your business, but are used depending on the type of business you have. Read more here.

What is the Difference Between Casual vs Full-time Employment?

Do you want to know the differences between casual and full-time employment for your small business?

Can an Offer of Employment be Withdrawn?

Can an offer of employment be withdrawn? Read this article to find out when an employer can and can’t withdraw an offer of employment.

Terms of Service vs Terms & Conditions: What’s Different?

Terms Of Service and Terms and Conditions are an integral part of the online business world, and are a legal requirement for websites. Read about them here.