Amazon Technologies, Inc., (8th Cir.) (No. 2009).ģ Complaint at 48, New Prime, Inc., d/b/a Prime, Inc., v. In this case, Amazon could be required to stop using the “Prime” mark with regard to their shipping services.ġ Xtreme Lashes, LLC v. When one company infringes on another’s trademark, it often means stopping all use of the mark in question as well as payment of damages. has noted some instances of actual confusion for their shipping customers.5 Initially, Amazon used “prime” to set apart a higher level of services for members and did not start using the logo on shipping vehicles until about 2016 or 2017.3Although, the two logos may use the same word, they use different fonts, color schemes and accompanying graphics.4 Despite the differences, however, Prime, Inc. For the purposes of trademark, however, both companies offer services that fall under Class 39 services. In most cases, Prime, Inc.’s clients are seeking transportation of large commercial shipments, while Amazon’s customers operate on a smaller scale. While both companies offer freight services, it appears their clients are significantly different. Degree of care by potential purchasers.Identity of the retail outlets and purchasers.Similarities between products or services.“In a trademark infringement action, the paramount question is whether one mark is likely to cause confusion with another.”1 To determine whether confusion is likely between two marks, a number of “digits of confusion,”2 are examined: alleges that Amazon’s use of its Amazon Prime logo has caused “irreparable damage to its business, reputation, and goodwill.” The trucking company has reportedly used the word “Prime” on its semi-trailers continuously since 1980. On July 2nd, Prime filed a trademark infringement action against Amazon for using the word “Prime” on its commercial vehicles. is one of the nation’s largest trucking companies.

Prime inc trucking