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Apple not the only company able to use the term “app store,” judge says

Amazon’s use of the phrase is ruled not to be false advertising

Even though “app” can be short for both “Apple” and “application,” Apple Inc. does not have the exclusive right to use the phrase “app store,” a judge ruled on Wednesday.

The claim was part of a trademark infringement and unfair competition lawsuit Apple brought against Amazon.com Inc. over the Amazon Appstore for Android. Apple claimed that Amazon’s use of the term was false advertising because it would lead customers to believe that the Amazon Appstore has the same qualities as Apple’s App Store and possibly divert some of Apple’s revenue to Amazon.

U.S. District Judge Phyllis Hamilton was not convinced.

“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,” she said, granting Amazon’s request to dismiss the false advertising claim.

Read more at Business Insider.

 

For more InsideCounsel coverage of Amazon and Apple, check out the stories below:

Apple drops patent claims against Samsung smartphone only sold in Europe

DOJ and Penguin reach settlement in e-books suit

Jury finds Apple infringed three mobile-phone patents

Amazon hires Nuala O’Connor as its first privacy counsel

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