The U.S. Court of Appeals affirmed a Seattle district court’s dismissal of trademark infringement and false advertising claims filed against Amazon.com, Inc. by a seller on Amazon. The district court concluded that Amazon was not liable for promotional advertising emails that used the seller’s trademark because it did not imply a false association between Amazon and the seller. On appeal, the Ninth Circuit held that the trademark infringement claim failed because Amazon’s use of the trademark was not improper, and that the false advertising claim was merely a retreat of the infringement claim (Lassoff v. Amazon.com, Inc., August 6, 2018, per curiam).
Case date: 06 August 2018
Case number: No. 17-35173
Court: United States Court of Appeals, Ninth Circuit
A full summary of this case has been published on Kluwer IP Law.