Amazon Prevails Over Apple On "App Store" Claim

Author: Dan Reyes
Published: January 03, 2013 at 5:07 pm

Online retail giant Amazon just won a small victory against Apple on the use of the term "Appstore", according to a report.

A federal judge on Wednesday rejected Apple's claim of false advertising against Amazon based on the latter's use of the term "Appstore" for selling mobile apps on its online store.

U.S. District Judge Phyllis Hamilton said in her ruling:

"Apple has failed to establish that Amazon made any false statement of fact that actually deceived or had the tendency to deceive a substantial segment of its audience."

The judge went on further to say, "The mere use of "Appstore" by Amazon to designate a site for viewing and downloading/purchasing apps cannot be construed as a representation that the nature, characteristics, or quality of the Amazon Appstore is the same as that of the Apple App Store."

In 2008, Apple launched its App Store, which is stocked for mini-programs for iPhones, iPads and iPod touch devices.

Meanwhile, Amazon in 2011 opened its "Appstore" which sells applications tailored for its Kindle devices and Android-powered mobile devices.

Apple filed a trademark infringement and unfair competition lawsuit against Amazon on the same year that Amazon opened its "Appstore".

It is important to note that the judge has ruled only on Amazon's request to eliminate the false advertising claim filed by Apple against Amazon. A full trial on this case still needs to be heard by the court and is set to start beginning August 19, 2013.


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Article Author: Dan Reyes

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