On October 21, 2015, the Ninth Circuit ruled that online
retailer Amazon does not violate the Lanham Act when, in response
to a search for a brand it doesn't sell, it returns a results
page that fails to disclose that fact and simply offers competing
products sold under different brands. The decision in MultiTime Machine, Inc.
v. Amazon.com, Inc. weakens the "initial
interest confusion" doctrine in the Ninth Circuit and will
likely be perceived as a significant victory for online retailers.
Plaintiff MultiTime Machine (MTM) sells an expensive
military-style watch known as the "MTM Special Ops," but
doesn't sell it through Amazon. When an Amazon customer types
"mtm special ops" into the Amazon search box, the result
is a list of other brands of military-style watches that Amazon
sells. Meanwhile, "MTM Special Ops" remains visible
within the search box and also in smaller type at the top of the
page. Nothing on the page indicates that Amazon does not sell