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