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

Summary

The Ninth Circuit affirmed summary judgment for Amazon in a trademark infringement action brought by Multi Time Machine, Inc. MTM argued that Amazon’s search results for “MTM Special Ops,” which displayed competing watches and other products, created a likelihood of initial interest confusion. The court held that clear product labeling, photographs, and the sophistication and care of online consumers made confusion unlikely as a matter of law.

Holdings

1. Amazon's search-results page did not create a likelihood of confusion because the products were clearly labeled by brand name, product name, and manufacturer and were accompanied by photographs; no reasonably prudent consumer accustomed to shopping online would likely be confused about their source.
2. Summary judgment for Amazon was proper because the undisputed contents of the search-results page established that likelihood of confusion was not probable as a matter of law.

Questions Presented

1. Whether Amazon's search-results page, which displayed clearly labeled competing products in response to a search for MTM's trademark, was likely to confuse a reasonably prudent online consumer as to the source or affiliation of the products.
2. Whether the district court properly granted summary judgment to Amazon on MTM's Lanham Act trademark claims.

Disposition

affirmed