Litigation: Case serves as cautionary tale to Lanham Act plaintiffs

Plaintiffs should tread carefully before making a knee-jerk reaction to tack on a claim for false advertising

On Jan. 2, Apple found itself on the wrong side of a ruling by a federal court in Oakland, Calif., that should serve as a cautionary tale to Lanham Act plaintiffs contemplating exactly what counts to include in a forthcoming complaint. The ruling confirmed that what might previously have been a knee-jerk decision to tack a false advertising count on to a standard trademark infringement complaint should be approached with caution, and the count added only if truly warranted under the circumstances.

In early 2011, Amazon released its Amazon Appstore for Android. The Amazon product functions similar to other app stores, allowing consumers to shop for and download applications for use with their mobile devices. Apple objected to Amazon’s use of the name “Appstore,” first coined by Apple in conjunction with apps for its iPhone devices, in association with the Amazon product.

Contributing Author

author image

R. Cameron Garrison

R. Cameron Garrison is a partner in the Kansas City office of Lathrop & Gage LLP.  He represents consumer product manufacturers, retail chains, marketing and...

Bio and more articles

Join the Conversation

Advertisement. Closing in 15 seconds.