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

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

source: Engadget, Bloomberg

FEATURED VIDEO

18 Comments

1. Slammer

Posts: 1515; Member since: Jun 03, 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.

12. corporateJP

Posts: 2458; Member since: Nov 28, 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?

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.

14. corporateJP

Posts: 2458; Member since: Nov 28, 2009

Nice analogy. +1.

3. MistB

Posts: 581; Member since: Jul 07, 2012

Flalse advertising? That's a new one.

15. nnaatthhaannx2

Posts: 820; Member since: Oct 19, 2011

Surprised he hasn't fixed it yet.

4. chris2589

Posts: 4; Member since: May 24, 2012

OMG really they waste money on this incredible!

5. KFear

Posts: 170; Member since: Feb 06, 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....

6. gwuhua1984

Posts: 1237; Member since: Mar 06, 2012

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

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.

8. hypermagz

Posts: 18; Member since: Dec 31, 2012

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

9. networkdood

Posts: 6330; Member since: Mar 31, 2010

I object to this flalsehood

10. LionStone

Posts: 1048; Member since: Dec 10, 2010

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

11. networkdood

Posts: 6330; Member since: Mar 31, 2010

"...again..."

16. TROLL

Posts: 4851; Member since: Apr 13, 2012

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

13. amiaq

Posts: 509; Member since: Jun 30, 2012

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

17. gallitoking

Posts: 4721; Member since: May 17, 2011

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

18. jroc74

Posts: 6023; Member since: Dec 30, 2010

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

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at https://www.parsintl.com/phonearena or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit https://www.parsintl.com/ for samples and additional information.