Amazon won the dismissal of a claim filed by Apple Inc. that alleged the use of ‘app store’ on Android device software is false advertising, according to Business Insider. Judge Phyllis Hamilton, from a U.S. District Court, dismissed one claim in a lawsuit filed by Apple that claims trademark infringement and unfair competition over the Amazon Appstore for Android. This feature began back in March and it sells applications for phones running the Google Android software and the Kindle Fire.
Apple has asked for a court order that would prevent Amazon from using the term ‘app store.’ Amazon has argued in the past and continues to argue that the words are generic and that Apple does not have exclusive rights to use them as a term. A trial in the case is scheduled for August 19.
The APP STORE from Apple was created in 2008 and the company said that the use of the term by Amazon was false advertising. The reason for this claim, according to Apple, is that it deceives customers into thinking that the Amazon service has the same qualities as the Apple service. Apple said that this could push its revenue to Amazon.
Hamilton said that Apple has not been able to show an advertising mimic attempt by Amazon, that any false statements were made by Amazon and that customers were misled by the use of the term by Amazon.
“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,” Hamilton said.
The only ruling issued by Hamilton was to eliminate the false advertising claim from the lawsuit.
In the order, Apple applied to register APP STORE with the U.S. Patent and Trademark Office. The registration was opposed by Microsoft Corp., which said that the term was generic.
