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Ninth Circuit holding in Amazon trademark case threatens providers of search tools, say Google, others

( July 30, 2015, 22:31 GMT | Official Statement) -- MLex Summary: Google, Twitter and other technology companies filed an amicus in support of rehearing a decision by the US Court of Appeals for the Ninth Circuit reversing a summary judgment for Amazon.com in a trademark case against the company. The companies argue that the court should overturn the holding in Brookfield Communications v. West Coast Entertainment, saying that even where initial confusion can apply to Internet search, proof that such confusion is likely is still necessary to defeat summary judgment. The brief also says that the majority’s new precedent that a consumer’s own search activities constitute a “use in commerce of a trademark” by the company that offers the search tool should be voided. See document below. ...

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