Sanmedica International, LLC v. Amazon.Com, Inc.
Sanmedica International, LLC v. Amazon.Com, Inc., No. 2:13-cv-00169-DN, U.S. Dist. Ct., Dist. of Utah, Central Div., 2015: Court refused to grant Amazon’s motion to dismiss where it found the use of Plaintiff’s trademark may cause initial interest confusion and this was a question for the jury.
Sanmedica International, LLC v. Amazon.Com, Inc., No. 2:13-cv-00169-DN, U.S. Dist. Ct., Dist. of Utah, Central Div., 2015
Issue:
- Did Amazon misuse Plaintiff’s trademark in a way that caused unfair competition and a likelihood of confusion?
Procedure:
- Plaintiff sued Amazon for (1) trademark infringement under the Lanham Act; (2) unfair competition based on false representation in violation of Lanham Act; (3) unjust enrichment; (4) injunctive relief; (5) declaratory relief; and (6) violation of the Utah Truth in Advertising Act.
- Amazon moved for summary judgment and Plaintiff cross moved for SJ.
Amazon:
- Plaintiffs cannot show any likelihood of confusion resulting from Amazon’s use of its Trademark and that they had the right to use the mark.
Conclusion:
- Amazon did engage in unauthorized use of trademark since continued to use after, but consumers could not purchase the goods once they clicked on the trademark so under the Lanham Act there is no likelihood of confusion since unauthorized use did not influence any sales.
- Initial interest confusion based on false representation under Lanham Act is question for jury.
SANMEDICA INTERNATIONAL, LLC, a Utah limited liability company;
WESTERN HOLDINGS, LLC, a Nevada limited liability company, Plaintiffs,
AMAZON.COM, INC., a Delaware corporation, Defendant.
Case No. 2:13-cv-00169-DN
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
March 27, 2015
