Matthew Panzarino was Managing Editor at TNW. He's no longer with the company, but you can follow him on Twitter. Matthew Panzarino was Managing Editor at TNW. He's no longer with the company, but you can follow him on Twitter.
Amazon has succeeded in dismissing the false advertising claims brought against it by Apple in relation to the App Store name, reports Reuters. Amazon had asked a federal judge to throw out the claim in September of 2012.
The court filing as uncovered by The Verge cites lack of proof of confusion as the reason for the ruling, and notes that the fact that the Amazon Appstore only sells Android apps makes it unlikely that anyone would confuse the two.
The argument, which began in March of 2011 just after Amazon launched its new store, involves Apple claiming that Amazon’s use of app store in relation to its marketplace for apps constitutes false advertising. Apple argued that the use of ‘app store’, especially after Amazon dropped the ‘for Android’ from the name, would lead to customers being confused between the two stores.
Apple added a trademark claim in November of 2011, after Amazon launched the Kindle Fire tablet and began referring to the apps market as the ‘Amazon Appstore’. That trademark claim will continue to be tried, as Apple fights to take over ownership of the ‘App Store’ mark.
Amazon argued that Steve Jobs and Apple CEO Tim Cook had themselves referred to competing stores as ‘app stores’ in earnings calls, therefore negating Apple’s claim of false advertising. Amazon wasn’t alone in complaining either. Microsoft also opposed the claim, arguing that the term is now generic.
So, as of now, Amazon isn’t on the hook for false advertising, but continues to fight the trademark infringement battle.
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