Intellectual Property Law

Bainbridge Island Design Firm Claims Amazon.com Infringes Its Trademark

By Michael Atkins

Seattle’s technology news blog TechFlash ran a story on Friday about a Bainbridge Island, Wash.-based design firm that claims Amazon.com is infringing its trademark.

The dispute involves Web designer Geoffrey Daigle’s registration for WINDOW SHOPPING for “information services, namely, providing information on a wide variety of topics, namely news, weather, arts, counseling services, automobiles, childcare, consumer products, sports, travel, and entertainment, namely, movies, videos, and music via a global computer network.” Mr. Daigle’s firm, Daigle Design, uses the mark in connection with a Web portal to Amazon.com and other retailers.

At issue is Amazon.com’s recent adoption of AMAZON WINDOWSHOP in connection with a beta online shopping feature that enables users to zoom in on items and view them in 3-D.

Daigle Design sent Amazon.com a cease-and-desist letter in February, the post says. Amazon.com reportedly responded by claiming that WINDOW SHOPPING is generic.

In January, Amazon.com filed its own application to register AMAZONWINDOW SHOP and Design.

The post quotes me as saying it’s unusual for a small company to go after a behemoth like Amazon.com.

No word on whether Mr. Daigle intends to file suit.

Full post as published by Seattle Trademark Lawyer on July 13, 2009 (boomark / email).