[paxys]

The issue is primarily about counterfeiting, which is illegal regardless of the companies involved and the deals between them.

Samsung has an Amazon store, and other companies bid for ad spots shown right on the official store page which link to illegal knockoffs of Samsung products. Samsung complains, and Amazon says "sorry we can't help it, that's just how things work".

Then Apple comes along, and Amazon magically cleans up their store page (demonstrating that they have the ability to do so), but leaves the rest of them as-is.

So now the take away is – if you don't sign an exclusive agreement with Amazon they will give counterfeiters full access to your products and customers, and that can be easily challenged in court (which is exactly what the FTC is doing right now).

[scarface_74]

Apple doesn’t have an exclusive agreement with Amazon for online sales.

I agree though bidding on a trademark where you can advertise as a competitor when someone explicitly searches for a brand should be considered copyright infringement.

It’s definitely a horrible user experience - Apple, Google, and Amazon all do it

[lovepronmostly]

Apple does it in the app store. At least for me, search for any app by name, the top 1 or 2 results is never the app who's name I typed in exactly.

Just searched for "Netflix". First result is some app called "Chewy" (with [ad]) next to it. Search for "GitHub". First result is some app called "ServerCat". Search for "Grand Theft Auto". First result is some app call "One State RP". Search for "23andMe". First result is for "BodyFast: ..."

[fragmede]

why would it be copyright infringement and not trademark infringement?

[scarface_74]

You are absolutely correct.