Tag Archives: Initial Interest Confusion

Pushing the Envelope on Initial Interest Confusion Claims — Multi Time Machine, Inc. v. Amazon.com

tConsider 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,… More

Bait-And-Switch Trademark Case Defines Limits Of Initial Interest Confusion

MrSteamIn its recent decision in Sussman-Automatic v. Spa World, the Eastern District of New York dismissed a plaintiff’s trademark infringement claims, while allowing its claims for false advertising based on the same conduct to survive.  The decision explores the boundaries between a false advertising “bait-and-switch” scheme and the “initial interest confusion” theory in Lanham Act cases.

The Mr. Steam Bait-and-Switch

The plaintiff,… More