x PhoneArena is looking for new authors! To view all available positions, click here.
  • Home
  • News
  • Amazon gets court to dismiss Apple's claim of false advertising

Amazon gets court to dismiss Apple's claim of false advertising

Posted: , by Alan F.

Tags:

Amazon gets court to dismiss Apple's claim of false advertising
Apple is trying to block Amazon from using the term

Apple is trying to block Amazon from using the term "App Store"

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.

"The court finds no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products."-U.S. District Judge Phyllis Hamilton

For those legal beagles out there, a copy of the entire order can be found at the sourcelink.

source: Engadget, Bloomberg

18 Comments
  • Options
    Close




posted on 02 Jan 2013, 17:22 14

1. Slammer (Posts: 992; Member since: 03 Jun 2010)


I agree with this. Someone purchases a Kindle, Android, Windows or such and if they desire an app, most people say they are going into the "app store" to download an app. It's a store that sells apps. I don't see how this falsly perceives having an Apple product. It is a generic code no matter how one looks at it. The person(s) know what product(s) they own. Browsing the store is part of current shopping within an operating system.

John B.

posted on 02 Jan 2013, 21:29 5

12. corporateJP (Posts: 1548; Member since: 28 Nov 2009)


Seriously, we are talking about a company that tried to trademark a picture of a rectangle with rounded corners drawn on a freakin' napkin (even though the design was in motion and practice by numerous other companies before the iAnything existed).

Did you expect anything less?

posted on 02 Jan 2013, 17:24 15

2. nwright94 (unregistered)


App Store is such a generic term that no one should have control over who uses it. That'd be like trying to get everyone to stop calling hamburgers a hamburger unless its made by McDonalds.

posted on 02 Jan 2013, 21:30 3

14. corporateJP (Posts: 1548; Member since: 28 Nov 2009)


Nice analogy. +1.

posted on 02 Jan 2013, 17:31 3

3. MistB (Posts: 555; Member since: 07 Jul 2012)


Flalse advertising? That's a new one.

posted on 02 Jan 2013, 21:59 2

15. nnaatthhaannx2 (Posts: 820; Member since: 19 Oct 2011)


Surprised he hasn't fixed it yet.

posted on 02 Jan 2013, 17:33 6

4. chris2589 (Posts: 4; Member since: 24 May 2012)


OMG really they waste money on this incredible!

posted on 02 Jan 2013, 17:47 2

5. KFear (Posts: 137; Member since: 06 Feb 2012)


Actually, there really is a type of False Advertising called, Flalse Advertising. Therefore, it's not a typo. Flalse advertising is advertising used, still untrue, but ultimately it's soul purpose is to diminish another product line within it's false claim. It's a brilliant type of false advertising that is used by the most strategic of all liars. I commend our author of this article for doing his research on this Flalse claim. He should have a raise!...that is, if it's not really just a typo. Then he would just look like an idiot....

posted on 02 Jan 2013, 17:52 5

6. gwuhua1984 (Posts: 1237; Member since: 06 Mar 2012)


app store... "app" store... I can't believe they filed a lawsuit for app store...

posted on 02 Jan 2013, 18:59 4

7. Aeires (unregistered)


I thought Apple lost the battle of the "App Store" name with Amazon a couple of years ago when the defense used Steve Jobs own quote against them. Steve was on record saying Android was confusing because there were too many 'app stores' which made the term generic by his own statement.

posted on 02 Jan 2013, 19:20 5

8. hypermagz (Posts: 18; Member since: 31 Dec 2012)


Maybe some one should sue Apple for using the word Apple.^^

posted on 02 Jan 2013, 19:55 4

9. networkdood (Posts: 6263; Member since: 31 Mar 2010)


I object to this flalsehood

posted on 02 Jan 2013, 20:20 3

10. LionStone (Posts: 445; Member since: 10 Dec 2010)


Key words in this article, "...apple failed..."

posted on 02 Jan 2013, 21:20 4

11. networkdood (Posts: 6263; Member since: 31 Mar 2010)


"...again..."

posted on 02 Jan 2013, 22:40 2

16. TROLL (banned) (Posts: 4851; Member since: 13 Apr 2012)


And again, and again. Hahaha lmfao. Take that you bad fruit™®©

posted on 02 Jan 2013, 21:29 1

13. amiaq (Posts: 403; Member since: 30 Jun 2012)


Ahhh.. Apple hold copy right for the word " app store"!!! And I was called a troll! Where is the justice.

posted on 03 Jan 2013, 01:46

17. gallitoking (Posts: 4684; Member since: 17 May 2011)


Amazon should use Amazon play store.. I am sure Google woudnt mind...

posted on 03 Jan 2013, 06:20 1

18. jroc74 (Posts: 4720; Member since: 30 Dec 2010)


Yea cuz play store is soooo generic like app store.....

:/

Want to comment? Please login or register.

Latest stories