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ARTICLE · 25 AUGUST 2015

Pushing The Envelope On Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.Com

Foley Hoag LLP
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Whatever the boundary that the majority and dissent are delineating, it appears to be an expansion of the initial interest confusion doctrine.

United StatesIntellectual Property
Peter Sullivan
Peter Sullivan
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Consider this:  You are shopping online and you type in the name of a brand of wristwatch.  Perhaps you wanted to purchase that exact brand of watch, or perhaps you were looking for a selection of watches that included the brand but also watches similar to it.  You click onto a retailer and type in the brand, and you receive "results" for your search.  In the list of results there appears other watch brands, but not the one that you requested.  As you review the results page, nothing on it explicitly states that the retailer does not carry the brand you requested, but the results do not show that brand. You click in and out of some of the choices to see if you are correct in your understanding.  As you click the other watches listed, you find one that you like and purchase it.

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