Apple filed a claim that Amazon’s App Store was in violation of trademark and it was also named this to trick consumers. However the judge has ruled that “App Store” has become a generic term and does not solely relate to Apple. Apple had hoped that this would have forced Amazon to remove the term from its mobile marketplace.
Hamilton the Judge wrote her partial summary:
“Apple has failed to establish that Amazon made any false statement, express or implied, of fact that actually deceived or had the tendency to deceive a substantial segment of its audience. The mere use of ‘Appstore’ by Amazon to designate a site for viewing and downloading/purchasing apps cannot be construed as a representation that the nature, characteristics, or quality of the Amazon Appstore is the same as that of the Apple App Store.”
Apple has filed additional complaints, including trademark infringement in the App store, this trial is scheduled for August of this year.
