Kerry and all,
Interesting story indeed. It will likely come down to classification
sepcification in the TM filines of both litigants. Worth keeping an
eye on this one as it is a more significant case to the Paineweber
case.
Kerry Miller wrote:
> http://cnnfn.com/digitaljam/newsbytes/129318.html
>
> Amazon Bookstore Suing Amazon.com
> April 15, 1999: 12:58 a.m. ET
>
> MINNEAPOLIS, MINNESOTA, U.S.A. (NB) -- By Bob Woods,
> Newsbytes. A feminist bookstore that took its name from a
> legendary all- female group of warriors is taking on a formidable,
> modern foe - a company whose name epitomizes Internet
> electronic commerce. Minneapolis, Minn.-based Amazon
> Bookstore Inc. said it filed a trademark infringement lawsuit against
> Net retailing giant Amazon.com Inc. [NASDAQ:AMZN]. The
> physical bookstore has hired the trademark and intellectual
> property law firm Fish & Richardson to sue the cyberspace-based
> book, music, video, gift, and now auction concern, Amazon
> Bookstore President Barb Wieser told Newsbytes today.
>
> Amazon Bookstore seeks unspecified damages against
> Amazon.com, as well as the cancellation of Amazon.com's federal
> trademark registrations using the word "amazon," saying the e-
> commerce giant "knowingly infringed (Amazon Bookstore's)
> trademark." Amazon Bookstore's lawsuit also claims Amazon.com
> is causing confusion among its customers as to the real-world
> bookstore's affiliation with Amazon.com.
>
> "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," attorney Mathias W. Samuel of Fish
> & Richardson said in a statement.
>
> | The lawsuit was filed April 7 in U.S. District Court in Minneapolis,
> | Wieser said. While Amazon Bookstore has not officially
> | registered its trademark, it claims ownership through almost 30
> | years of use.
>
> Wieser admitted the bookstore has seen a slight uptick in orders
> because of the confusion, but the company's coffers haven't seen
> any real increase in revenues. "But we lose more than we gain
> because of our loss of identity," Wieser said.
>
> [...]
Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
