US court: Amazon's alternative search results do not infringe
Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX
Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US court: Amazon's alternative search results do not infringe

Online businesses can suggest alternative products without committing trade mark infringement when customers search for a specific brand, a US court has ruled

In Multi Time Machine v Amazon, online retailer Amazon was sued by watch manufacturer Multi Time Machine (MTM), which sells military style watches under the brand names MTM Special Ops and MTM Military Ops.

When customers searched for MTM Special Ops on Amazon, they got no results because MTM does not allow resales of its products on Amazon. Amazon therefore offered a selection of alternative watches from competitors instead – some of them including the word “ops”.

The District Court for the Central District of California ruled last week that there was no likelihood of confusion because although a substitution occurred, Amazon made it clear that the alternatives were not made by MTM.

The case, which may have ramifications for many online businesses, bears similarities to disputes around the world over Google AdWords, although limited to Amazon’s internal search engine.

MTM has said that it plans to appeal against the decision.

more from across site and ros bottom lb

More from across our site

Partners and other senior leaders must step up if they want diverse talent at their firms to thrive
European and US counsel reveal why they are (or aren't) concerned about patent quality and explain how external counsel can help
Firms such as Bird & Bird and Taylor Wessing have reported rising profits and highlighted the role of high-profile IP disputes and hires
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Lawyers in the corporate and IP practices discuss where the firm can steal a march on competitors, its growth plans in London, and why deal lawyers are ‘concertmasters’
Kathleen Gaynor, DEI specialist at Phillips Ormonde Fitzpatrick, says deliberate actions can help law firms reach diversity goals
Scott McKeown, who moved to Wolf Greenfield one year ago, says the change has helped him tap into life sciences work and advise more patent owners
The winners of our Asia-Pacific Awards 2024 will be revealed during a ceremony in Malaysia on September 26
Zach Piccolomini of Wolf Greenfield explains how to maximise your IP portfolio’s value while keeping an eye on competitors
Witnesses at a Congressional hearing debated whether reforming the ITC is necessary and considered what any changes should look like
Gift this article