Saying that Apple failed to show any advertising from Amazon that copied Apple's ads, failed to show any false statement from the online retailer, and did not present any proof that customers were misled or confused, U.S. District Judge Phyllis Hamilton in Oakland, California sided with Amazon and dismissed Apple's claim of false advertising against Amazon. Both sides will go to trial on August 19th as Apple seeks a court order to block Amazon from using the "app store" term with its Amazon App Store for Android
. Amazon says that the "app store" term is generic and does not belong to Apple.
In 2008, Apple tried to register the App Store name with the USPTO, and Microsoft opposed the filing, saying that the phrase is generic. The Trademark Trials and Appeals Board put on hold an opposition proceeding until after the Apple-Amazon suit is resolved. Apple spokeswoman Kristin Huguet declined to comment on Hamilton's order, and Amazon has not yet commented.
For those legal beagles out there, a copy of the entire order can be found at the sourcelink.