It looks like Amazon.com (Amazon) and Multi Time Machine (MTM) may be going to trial, as the Court of Appeals for the Ninth Circuit recently reversed a district court’s summary judgment in a trademark infringement suit against Amazon. In a split decision, the appeals court found that a jury could conclude the online marketplace has created a likelihood of confusion based on the theory of initial interest confusion. This decision is a controversial one, as a number of legal scholars, not to mention courts, have rejected the initial interest confusion doctrine.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 15, 2015. The original post can be accessed via the Archived Link button above.
Wennberg, Kerrijane, "Initial Interest Confusion Is Still Kicking in the Ninth Circuit" (2015). AELJ Blog. 81.