Court dismisses Apple’s ‘App Store’ lawsuit against Amazon

By , Jan 2, 2013

Amazon-Appstore-Old1

Apple’s been involved in some pretty silly legal tiffs, but this one has to be at the top of the list. In 2012, the Cupertino company filed a lawsuit against Amazon for using the term ‘App Store’ to describe its app portal, calling it “false advertising.”

Well luckily, it looks like we can finally put this mess behind us. According to a new report, a California court has granted Amazon’s request to dismiss Apple’s false advertising suit on the grounds that it failed to provide sufficient evidence…

Bloomberg reports:

“U.S. District Judge Phyllis Hamilton in Oakland, California, today granted Amazon’s request to throw out one claim in Apple’s lawsuit alleging trademark infringement and unfair competition over the Amazon Appstore for Android, a service begun in March that sells applications for the Kindle Fire and devices running Google Inc. (GOOG)’s Android software.”

The whole thing started when Amazon launched its “Amazon Appstore for Android.” Apple said that its use of the term ‘Appstore’ would deceive customers into believing that Amazon’s service had the qualities of Apple’s high-profile applications store.

But it couldn’t prove it.

“The court finds 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,” Hamilton said.”

Not so fast though. Apple is still awaiting a response from the US Patent and Trademark Office regarding the ‘App Store’ trademark. The iPad-maker filed for the moniker back in 2008, and is hoping that the Board will soon reach a decision.

Should Apple win the trademark, it would be able to go after Amazon, and anyone else using the term ‘App Store’ for infringement and could seek an injunction, damages, or both. The trial is scheduled to start sometime later this year.

Now, I know Apple played a big part in the advancement of mobile applications, but I feel that ‘App Store’ is too general to trademark. That, to me, is like trying to acquire the rights to ‘grocery store.’ But who knows what’s legal anymore.

What do you think? Should Apple have sole ownership of the term?

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  • http://www.facebook.com/profile.php?id=100003172597133 Ecc Thanh

    Nothing to do here

  • http://twitter.com/MCaudebec Maxim∑

    When I here the word app store I do immediately think of Apple’s app store since Google’s is “Google play”. I kind of see why Apple did this but im sure amazon had no intent on tricking users into thinking they are using the Apple App store

    • http://twitter.com/x_rus_x Vitaliy Anonymous

      Coming from a person who’s avatar is Apple logo.
      And not only that. Amazon appstore and Google Play are different things. Google play is made by Google, Amazon appstore is made by Amazon.

      • http://twitter.com/MattGregg97 Matt ッ

        He never said the Google Play store and the Amazon App Store were the same. He just mentioned that he thinks of Apples App Store as Amazons App Store is less widely used

      • http://twitter.com/x_rus_x Vitaliy Anonymous

        I agree. However, the question is where did he get the work Google Play out of? Amazon AppStore and Google Play are two different things. This article is talking about the Amazon Appstore.

  • mbkarki

    Hehe, Apple would someday seek court order for a ban on apples. Apple would say when people buy apples they may be deceived into believing that apples are some “high-profile” Apple products.

  • bw00ds

    This is silly and frivolous. If people associate “appstore” with Apple’s then, 1) isn’t that a complement to Apple? and 2) wouldn’t that be considered free subliminal advertising for Apple? I sometimes laugh at the haughtiness of corporations, who think they are so important to the world.

  • https://twitter.com/MrElectrifyer MrElectrifyer

    Wow, what an imbecile sueing machine.

  • seyss

    I invite you all to watch a 2008 Keynote in which Steve Jobs tells the world about the Apple’s Appstore… after you watch it, I doubt you’d be against Apple in this lawsuit.

    itunes.apple.com/us/podcast/apple-keynotes/id275834665?mt=2#

    Hell, they INVENTED everything Amazon, Microsoft, Samsung and Google copied. Appstore, icons as app face, IAP, etc, etc.

    It is just depressing these multitrillion companies didn’t invent shit their own when it comes to Appstore. Not even the goddamn name (well Google came up with Play)

  • Kurt

    i agree with cody