Multi Time Machine, Inc. v. Amazon.com, Inc.
United States Court of Appeals for the Ninth Circuit
804 F.3d 930 (2015)
Multi Time Machine (plaintiff) sold expensive, exclusively distributed military-style 'MTM Special Ops' watches through select retailers, not through Amazon (defendant); when a shopper searched Amazon for 'mtm special ops,' the site displayed a labeled list of competing military-style watches Amazon did carry, each clearly identified by brand and photo. Multi Time sued for trademark infringement, arguing Amazon's search results created a likelihood of initial-interest confusion by not explicitly stating Amazon didn't carry Multi Time's watches; the district court granted Amazon summary judgment, and Multi Time appealed.
Whether initial-interest confusion — consumer confusion arising before a sale that is resolved before the purchase is completed — is a valid basis for a trademark-infringement claim under the Lanham Act.