Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

July 2017 Archives

It seems that no matter how much legal pillow talk (a.k.a. pleading) Amazon's lawyers attempt, the Court of Appeals for the Federal Circuit is not interested in making the pro-Amazon no pillow infringement ruling precedential.

The case that Amazon wants to be able to rely on is Milo & Gabby llc v. Amazon.com. The case involved a product manufacturer's claims for damages against Amazon for trademark and copyright infringement due to the counterfeiting of third party sellers on Amazon's Seller Marketplace. Basically, a fun kids pillowcase manufacturer alleged that Amazon profited by allowing Seller's Marketplace counterfeits of their products to be sold. The court agreed with Amazon in the case, but did not issue a precedent-setting ruling.