Multi Time Machine, Inc. v. Amazon.com, Inc.

Summary

The Ninth Circuit granted panel rehearing, withdrew its July 6, 2015 opinion, and issued this superseding opinion and dissent. The court affirmed summary judgment for Amazon in Multi Time Machine’s Lanham Act trademark-infringement action, holding that Amazon’s clearly labeled search results for competing military-style watches were unlikely to confuse a reasonably prudent online consumer. Judge Bea dissented, concluding that a genuine issue of material fact remained concerning initial interest confusion.

Holdings

1. Amazon's search results page does not create a likelihood of confusion because it clearly labels the name and manufacturer of each product offered for sale and includes photographs of the items; no reasonably prudent consumer accustomed to shopping online would likely be confused as to the source of the products. Therefore, the district court's grant of summary judgment in favor of Amazon was proper.

Questions Presented

1. Whether Amazon's search results page in response to a search for 'mtm special ops' creates a likelihood of consumer confusion under the Lanham Act, sufficient to survive summary judgment.

Disposition

affirmed