Apple had filed a lawsuit in 2011 against Amazon over the use of the words “App Store” by the online retailer. Apple claimed that Amazon had used the word ‘App Store” in order to solicit developers for downloading a software in mobile phones and therefore this should be considered as false advertising. According to Apple the term “App Store” might be confusing for some customers as it sounds similar to Apples “iPhone App Store”.
Judge Phyllis Hamilton of U.S District court, Oakland, California ruled out the accusation raised by Apple of false advertising against Amazon. Amazon had requested for a fractional summary in the judgement over the allegation of false advertising by Apple. Apple does not yet have a trademark over the word “App Store” and this part of the lawsuit was primarily on the grounds of usage of the words “App Store”. Apple had presumed that Amazon was misapplying this word and therefore using false advertising campaign.
With this ruling of Judge Phyllis Hamilton, the usage of the word “App Store” and its definition has become more clear. It is considered as a generic term and has been used by various organisations and companies as a term to describe the platform from where software applications for mobile devices can be downloaded. The word “App Store” has clearly been used by various organisations before
Apple as well and Amazon seems to be pretty right in this case. There are other disputes still going on between the two giants over policies and trademark issues.
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