Sup. Ct. Will Not Review Amazon's Use of Competing Name

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By Anandashankar Mazumdar

Feb. 29 — A federal appeals court ruling allowing Amazon.com Inc. to offer products for sale based on a trademark search for a product it didn't carry won't be reviewed by the Supreme Court.

Late in 2015, the U.S. Court of Appeals for the Ninth Circuit held 2-1 that there was no likelihood of confusion when Amazon users entered the search term “mtm special ops” and Amazon—which does not carry Special Ops wristwatches—returned a list of competing products.

Multi Time Machine Inc., which holds trademark rights in the name “Special Ops” for military-style watches, petitioned the high court for review when one judge on the three-judge Ninth Circuit panel changed his vote on rehearing the case.

To contact the reporter on this story: Anandashankar Mazumdar in Washington at amazumdar@bna.com

To contact the editor responsible for this story: Mike Wilczek in Washington at mwilczek@bna.com