It’s common these days to read about lawsuits involving Apple. Some of them are quite serious while others are just plain silly, a bit like this one. Last year Apple filed against Amazon for using the term ‘App Store’ in their app portal description. The Cupertino Company claimed it to be false advertising. However, the Court in California have ruled against Apple after Amazon requested a dismissal on the grounds of insufficient evidence .
A report from Bloomberg says :
“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.”
This all began when Amazon launched a new portal called ‘Amazon Appstore for Android’. Apple took umbrage to this, saying that customers would be led into believing that Amazon was providing a service that equalled Apples very high-profile App Store. However, they couldn’t prove that to the Court and according to Bloomberg,
“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.”
However, Apple is currently waiting for a decision from USPTO regarding the trademark “App Store”, which they applied for back in 2008. If they win they will be able to go after anyone who uses the term, in the meantime there isn’t a great deal they can do. Hopefully, at least for Apple’s sake, a decision will be reached soon.