“Amazon.com Inc. won dismissal of a claim by Apple Inc. that the online retailer’s use of the term ‘app store’” for Android device software constitutes false advertising,” Karen Gullo reports for Bloomberg News. “U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon’s request to toss the claim, saying today in an order that she found ‘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.'”

Gullo reports, “iPhone maker Apple sued Amazon last year alleging trademark infringement, false advertising and unfair competition over the use of the term App Store. Hamilton’s ruling applies only to the false advertising claims.”

Read more in the full article here.

MacDailyNews Take: Why is Amazon using the “App Store” terminology if not to trade on Apple’s hard work and considerable investment? By not calling their store something distinctive, Amazon intentionally attempts to create confusion in the marketplace. This much should be obvious – even to a California judge. But, alas…

Regardless, it’s cases like these that show how little Amazon thinks of its customers’ intelligence.

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