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

United States Court of Appeals for the Ninth Circuit
804 F.3d 930 (2015)


Facts

Multi Time Machine, Inc. (Multi Time) (plaintiff) manufactured military-style watches that retailed for several hundred dollars each. Multi Time owned the federally registered trademark “MTM Special Ops.” To maintain its exclusive branding, Multi Time only sold its watches directly and through select retailers. Multi Time did not sell its watches through Amazon.com, Inc. (Amazon) (defendant), an online shopping site. Amazon’s website had a search engine for finding products. If a consumer searched for “mtm special ops,” Amazon’s website displayed a list of military-style watches that Amazon did sell. The search-result list included the brand and a picture of each available watch. Multi Time sued Amazon for trademark infringement, alleging that Amazon had created a likelihood of initial-interest confusion because its search results did not state that Amazon did not carry Multi Time watches. The district court granted summary judgment for Amazon and dismissed Multi Time’s infringement claims. Multi Time appealed.

Rule of Law

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Issue

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Holding and Reasoning (Silverman, J.)

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Dissent (Bea, J.)

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