Amazon.com Defendant in Trademark Infringement Lawsuit
MINNEAPOLIS, Minn.--(BUSINESS WIRE)--April 14, 1999--Amazon Bookstore,
Inc., a Minneapolis-based corporation, has filed a lawsuit against
Amazon.com, alleging that the cyberspace giant, known for selling books,
music, and videos via the Internet, has knowingly infringed its trademark.
The lawsuit, filed in U.S. District Court in Minneapolis, claims that
Amazon Bookstore, Inc. has continuously used the name "Amazon" as a trademark
since it was founded in 1970, and that Amazon Bookstore owns trademark rights
to Amazon Bookstore(tm).
The suit also claims that Amazon.com is infringing upon Amazon
Bookstore's property rights in its trademark, and causing confusion among its
customers as to the affiliation of Amazon Bookstore and the source of its
products.
According to the Bookstore's attorney Mathias W. Samuel of Fish &
Richardson, the complaint alleges: "The rapid growth and vast size of
Amazon.com, along with its massive marketing expenditures, is overwhelming
Amazon Bookstore and negating its attempts to alleviate the confusion and
preserve its unique identity."
The result, Mr. Samuel explains, "is that Amazon Bookstore is losing the
value of its trademark, its product and corporate identity, its ability to
move into new markets, and control over the goodwill and reputation it has
developed over the last 30 years."
Also among the claims, is that long before Amazon.com even existed, the
trademark had become associated with Amazon Bookstore in the minds of
consumers. Although Amazon.com has obtained federal trademark registrations
for "Amazon.com" and "Amazon.com Books," Amazon Bookstore's use of the Amazon
trademark pre-dates by decades Amazon.com's first use of each of its
registered trademarks.
Amazon Bookstore advertises and promotes itself in print and broadcast
media, it publishes and mails a newsletter to more than 2,500 individuals
living in 48 states and 11 foreign countries.
It also maintains a nationally accessible web page at
www.amazonfembks.com. Amazon Bookstore has been a member of the American
Booksellers Association since 1986 while Amazon.com has been a member since
July 1, 1994.
The purpose of the lawsuit is to prevent Amazon.com from infringing on
the Amazon trademark and to cancel Amazon.com's federal trademark
registrations using the word "Amazon."
Editor's note: A copy of the complaint is available upon request, and
Amazon Bookstore's attorney, Mathias W. Samuel, is available for commentary
pertaining to the lawsuit.
CONTACT:
Fish & Richardson
by
Levick Strategic Communications
Brian Levitt, 732/761-1156
blevitt@levick.com |
