Amazon won the first case, but the plaintiff has gained approval for an appeal.
If the case should happen to flip in favor of the manufacturer, where do many marketers and bloggers stand with the common practice of using a brand name (even in keywords / tags) and not featuring the brand but an alternative? This is generally regarded as inappropriate use of a brand.
Ebay identifies this in their "Creating Legally Compliant Listings"
Simply, do you think it wrong to use a brand name to attract traffic but then divert that traffic on to something else?
Article on Amazon Case