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Mtm Vs Amazon

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Ninth Circuit Finds Amazon’s Search Results Could Constitute Trademark Infringement
Recently, the U.S. Court of Appeals for the Ninth Circuit held that liability for trademark infringement could apply if a jury finds that an online retailer’s search results creates a likelihood of consumer confusion.
The case -- Multi Time Machine, Inc. v. Amazon.com, Inc. -- involves Los Angeles watch manufacturer Multi Time Machine (MTM), which sells its military-style watches under the trademarked names of MTM, MTM Military Ops and MTM Special Ops. MTM does not sell its watches on Amazon.com and its distributors are not authorized to sell the watches on Amazon.
MTM filed suit against Amazon for trademark infringement, claiming that when consumers searched for its trademarked names on Amazon’s site, Amazon displayed competitive military-style watches in search results. A district court granted summary judgment for Amazon and MTM appealed. …show more content…

Below that query field, the term “MTM Special Ops” appears again in quotation marks. Below that, the name is displayed once more as “Related Searches: MTM Special Ops.”
Appearing under these three iterations of the MTM Special Ops name is a list of images and products for military-style watches made by MTM’s competitors. If the consumer clicks on one of these products, he or she is taken to a product detail page, where the “MTM Special Ops” name still appears in the search field. There is no notation on any of the pages that Amazon does not sell actual MTM

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