Soverain Software, LLC v. Amazon.com, Inc. Amazon wins: Soverain Software LLC v. Amazon.Com, Inc., 383 F.Supp.2d 904, U.S. Dist. Ct., E.D. Texas, 2005: Amazon successfully argued that it did not have notice of alleged infringement until the suit began in order to remediate and so case was dismissed. Soverain Software, LLC
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Ayse Sen v. Amazon.com Amazon wins: Ayse Sen v. Amazon.com, Inc., No. 12 cv 2878, Southern District of CA 2013: Court found in favor of Amazon where there was a settlement agreement already reached. AYSE SEN v. AMAZON.COM, INC., No.12cv2878, SOUTHERN DIST. OF CA, 2013 Issue: The enforceability of a disputed
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Basis Technology Corp. v. Amazon.com, Inc. Basis Technology Corp. v. Amazon.Com, Inc., No. 06-P-1048, Appeals Ct. MA, 2008: Plaintiff successfully argued that an enforceable settlement had been reached via e-mail exchanges that were read for the record in court. Issue: The enforceability of a disputed mid-trial settlement agreement Case Details Plaintiff sued
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Milo & Gabby v. Amazon.com Amazon wins: Milo & Gabby, LLC v. Amazon.com, Inc., NO. C13-1932RSM, U.S. Dist. Ct., W.D. of Wash., 2015: Plaintiff lost because Amazon was protected from infringement of third-party vendor’s under the DMCA. Issue: Did Amazon commit IP infringement via third-party vendors on Amazon.com? Procedural background: Plaintiff
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Tre Milano, LLC v. Amazon.com, Inc TRE MILANO, LLC (Plaintiff and Appellant) v. AMAZON.COM, INC. (Defendants and Respondents) B234753, Cal. Ct. of Appeals, 2nd App. Dist., 2012: Amazon was not responsible for infringement by third-party and could not be held contributorily liable since it took immediate action once notified of
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Sanmedica International, LLC v. Amazon.Com, Inc. Sanmedica International, LLC v. Amazon.Com, Inc., No. 2:13-cv-00169-DN, U.S. Dist. Ct., Dist. of Utah, Central Div., 2015: Court refused to grant Amazon’s motion to dismiss where it found the use of Plaintiff’s trademark may cause initial interest confusion and this was a question for
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Multi Time Machine v. Amazon.com Amazon loses: Multi Time Machine, Inc. v. Amazon.com, Inc., No. 13-55575, U.S. Ct. of Appeals, 9th Cir., 2015: Plaintiff successfully argued that Amazon could have confused customers – Plaintiff did not sell items on Amazon, but when customers searched for it, Amazon returned results with Plaintiff’s trademark
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Corbis Corp. v. Amazon.com, Inc. Amazon wins: Corbis Corp. v. Amazon.com, Inc., No. CV03-1415L, U.S. Dist. Ct., W.D. Washington, 2004: Amazon is protected from liability under the DMCA for copyright infringement occurring on its third party vendor platform. Corbis Corp. v. Amazon.com, Inc., No. CV03-1415L, U.S. Dist. Ct., W.D. Washington, 2004 Issue:
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Perfect 10, Inc. v. Amazon.com, Inc. Amazon wins: Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, U.S. Ct. of Appeals, 9th Cir., 2007: Amazon did not directly infringe, nor was it vicariously liable for infringement of third parties when it did not have control over third parties’ activities. Perfect 10,
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Sandy Routt v. Amazon.com Amazon did not directly infringe, had no supervision over third-party’s infringing activities to be vicariously liable, and did not induce or encourage the infringement to be contributorily liable. Sandy Routt v. Amazon.com, Inc., NO. C12-1307 JLR, U.S. Dist. Ct., Western Dist. of Wash, 2012 Issue:
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Daniel E. Ricchio v. Amazon.com, Inc. Amazon wins: Daniel E. Ricchio v. Amazon.com, Inc., No. 12-CV-00332, U.S. Dist. Ct, E.D. Wisc., 2012: Court ruled in favor of Amazon and held that Plaintiff was not entitled to profits from resale of his book by third parties. Daniel E. Ricchio v. Amazon.com, Inc.,
Read more →Gary Gerlinger v. Amazon.com, Inc. Gary Gerlinger v. Amazon.com, Inc., 311 F.Supp.2d 838, U.S. Dist. Ct., N.D. Cal., 2004: Court found Plaintiff’s raised a triable issue as to whether Amazon’s agreement with Borders had an anti-competitive effect on commerce. 311 F.Supp.2d 838 Gary GERLINGER, individually, on behalf of all others similarly
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IPXL Holdings v. Amazon.com IPXL Holdings v. Amazon.com, 430 F.3d 1377, U.S. Ct. of Appeals, Fed. Cir., 2005: Court agreed with Amazon that Plaintiff’s patent claims were invalid and there was no infringement. 430 F.3d 1377 IPXL HOLDINGS, L.L.C., Plaintiff-Appellant, v. AMAZON.COM, INC., Defendant-Appellee. No. 05-1009. No. 05-1487. United States
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Telebuyer v. Amazon.com Telebuyer, LLC v. Amazon.Com, Inc., No. 2:13-cv-1677-BJR, U.S. Dist. Ct., W.D. of Wash., 2015 – The case was dismissed in favor of Amazon because the claims in plaintiff’s patents were abstract, generic and indefinite, and therefore invalid. TELEBUYER, LLC, Plaintiff, AMAZON.COM, INC., AMAZON WEB SERVICES LLC, and
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United Video Props Inc. v. Amazon.com UNITED VIDEO PROPERTIES, INC., Plaintiff-Appellant, AND TV GUIDE ONLINE, LLC, AND TV GUIDE ONLINE, INC., Plaintiffs, AMAZON.COM, INC. AND IMDB.COM, INC., Defendants-Appellees. 2013-1396 United States Court of Appeals for the Federal Circuit Decided: April 8, 2014 United Video Props Inc. v. Amazon.com, U.S. Ct.
Read more →Cordance Corporation v. Amazon.com, Inc. 730 F.Supp.2d 333, U.S. Dist. Ct. Del., 2010: Amazon successfully argued against an order that would require them to permanently halt its infringing activities or pay an ongoing royalty to patent owners. 730 F.Supp.2d 333 CORDANCE CORPORATION, Plaintiff, v. AMAZON.COM, INC. and, Amazon Web Services, LLC, Defendants.
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M-Edge Accessories v. Amazon.com, Inc No. MJG-11-3332, U.S. Dist. Ct. MD, 2015: Amazon was able to get one of two patent infringement claims dismissed where the Court had no question that Amazon’s book cover did not infringe upon Plaintiff’s patent. M-EDGE ACCESSORIES LLC Plaintiff AMAZON.COM INC. Defendant CIVIL ACTION NO.
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Fagerstrom and Wiseley v. Amazon.com No. 15-cv-96-BAS-DHB, U.S. Dist. Ct., Southern Dist. of Cal., 2015 Court agreed with Amazon and enforced the Arbitration clause of agreement entered into between Amazon and Plaintiff prior to Plaintiff selling on Amazon’s website. Issue: The validity of an arbitration agreement included in purchases on
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Andrew K. Ranazzi v. Amazon.com Andrew K. Ranazzi v. Amazon.com, Inc, No. L-14-1217, Ct. of Appeals Ohio, 6th App. Dist. (2015): The court stayed proceedings until the outcome of Arbitration which was an enforceable forum for the dispute under the agreement between Plaintiff and Amazon for use of its website. Andrew
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Rhawn Joseph v. Amazon.com, Inc. Rhawn Joseph v. Amazon.com, Inc., 46 F.Supp.3d 1095, U.S. Dist. Ct., W.D. Wash. 2014: The plaintiff-publishing company could not bring an anti-trust claim as the statute of limitations had passed on the alleged “tying” committed by Amazon. Plaintiff is an author and “Print on Demand”
Read more →Nicole Del Vecchio v. Amazon.Com, Inc. Nicole Del Vecchio v. Amazon.Com, Inc., No. C11-366-RSL, U.S. Dist. Ct., W.D. of Wash., 2011: The court dismissed this case against Amazon because Plaintiff failed to show injury and the Court was also skeptical as to whether Amazon’s practices were unfair or deceptive. Issue:
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