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Multi Time Machine sues Amazon over trademark

November 27, 2015 --

millernashgrahamdunnllp-logoMiller, Nash, Graham & Dunn LLP
NW Law Firm

Multi Time Machine (“MTM”) sued for trademark infringement, claiming that when potential customers searched for MTM products on’s website, search results appeared for other products as does not sell MTM products. MTM claimed that this created “initial interest confusion” such that, although the potential customer was looking for an MTM watch, it would instead be introduced to a competitor’s product and perhaps buy that instead. Although any actual confusion over what product is being sold should dissipate as soon as the potential customer sees the results, the Ninth Circuit has long recognized that the alleged “bait and switch” of enticing a consumer in by advertising one brand only to show it another brand instead is actionable trademark infringement pursuant to the Ninth’s Circuits somewhat unique “initial interest confusion” doctrine.

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