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U.S. Court Dismisses Apple’s Claim Amazon’s ‘Appstore’ is False Advertising

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U.S. Court Judge Phyllis Hamilton today dismissed Apple’s claim that Amazon’s use of the word ‘Appstore’ is false advertising. The latter had implemented the name of the ‘Amazon Appstore’, their market for selling apps for Kindle Fire tablets. The court ruling noted:

“Apple fails to make clear how the use of the mark constitutes a “statement that implies something false about the nature, characteristics, or qualities of Apple’s APP STORE, becaseit has made no showing that such (implied) implied statement deceived or had a tendency to deceive users of Amazon’s Appstore.”

amazon appstore

Back in September, Amazon asked for the claim to be thrown out and today it appears their wish has been granted. Apple’s case against Amazon contains six parts and this is just one of them; today’s ruling does not conclude whether or not the ‘Appstore for Android’ is perceived as trademark infringement, as the lawsuit is still ongoing.

[Bloomberg via The Verge]

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  • mcfilmmakers

    Seems pretty clear to me. Amazon Appstore can imply it is Amazon’s VERSION of an Apple App Store. Of course, once tricked into visiting, iOS users can’t be fooled into downloading an app as it wouldn’t work at that point. The deception is in luring people to it’s site, not in the use of the apps themselves.

    Amazon Appstore doesn’t say anything about which OS it is compatible with. Also, App Store wasn’t a term until Apple coined it first.

    I don’t understand how this could be thrown out as under simple common sense, the term is confusing.

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