Amazon wins dismissal of Apple’s false advertising claim over ‘app store’; trademark infringement, unfair competition claims remain

“ 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.

Related articles:
Apple ratchets up trademark fight against Amazon Appstore – July 26, 2012
Judge: Apple has ‘stumbling block’ in lawsuit seeking to bar Amazon from using ‘App Store’ – June 23, 2011
Apple rejects Amazon’s claims ‘App Store’ is generic – May 20, 2011
Microsoft, HTC, Nokia, and Sony Ericsson oppose Apple’s ‘App Store’ trademark in EU – May 13, 2011
In court battle, Amazon disputes Apple has exclusive rights to ‘App Store’ – April 26, 2011
Microsoft’s ‘Windows App Store’ images leak, look suspiciously like Apple’s Mac App Store – April 11, 2011
Apple expands their ‘App Store’ trademark in Europe – April 4, 2011
Apple targets Android porn store in ‘App Store’ trademark defense – March 23, 2011
Apple sues over ‘App Store’ trademark infringement – March 21, 2011
Microsoft seeks to dismiss Apple’s ‘App Store’ trademark brief because font is too small – March 9, 2011
Apple accuses Microsoft of hypocrisy in App Store trademark dispute – March 1, 2011
Microsoft files objection to Apple’s ‘App Store’ trademark – January 12, 2011


  1. I’m so old. . . .

    How old are you?

    I’m so old I remember when “application” meant Mac, while “program” meant Microdork.

    You’re standing on my air hose.

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