Home

Amazon Wins False Advertising Claim Filed Against It by Apple
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

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.

  
What
Where


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.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




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.





 

RELEVANT JOBS

Second Year Litigation Attorney

USA-CA-Sacramento

SECOND YEAR LITIGATION ATTORNEY   Cook Brown, LLP, a Sacramento boutique labor & employme...

Apply now

Associate Attorney - New Orleans

USA-LA-New Orleans

Slocumb Law Firm, LLC, is a national personal injury law firm. This is an excellent opportunity for ...

Apply now

Associate Attorney - Gulfport

USA-MS-Gulfport

Slocumb Law Firm, LLC, is a national personal injury law firm. This is an excellent opportunity for ...

Apply now

Associate Attorney - Jackson

USA-MS-Jackson

Slocumb Law Firm, LLC, is a national personal injury law firm. This is an excellent opportunity for ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Personal Injury Litigator

USA-VA-Fairfax

Northern Virginia office of our client is seeking a personal injury litigator with 4+ years of stron...

Apply Now

Associate Attorney

USA-CA-Larkspur

Larkspur office of our client seeks an associate attorney with 4-6 years of experience/background pr...

Apply Now

Associate Attorney

USA-MI-Bloomfield Hills

Bloomfield Hills office of a BCG Attorney Search Top Ranked Law Firm seeks an associate attorney wit...

Apply Now

SEARCH IN ARCHIVE

To Top