Judge dings Apple 'app store' claim vs. Amazon

A California judge says Apple can't bring up false advertising claims against Amazon in a case between the two companies.

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A California judge today sided with Amazon and its attempt to toss out claims by Apple about false advertising in a lawsuit involving the use of "app store" in marketing materials.

In an order today, U.S. District Court Judge Phyllis Hamilton granted Amazon's motion for a summary judgment to remove a part of the complaint that involved false advertising claims against it.

Apple sued Amazon in April 2011 , accusing the online retail giant of misappropriating the "App Store" moniker, a name it attempted to trademark in 2008 following the launch of the App Store for iPhone. The complaint was later amended to include claims of false advertising , with Apple saying that Amazon had changed its "Amazon Appstore" naming convention to distance ties to Google's Android in ads for its tablet. Amazon fired back by referring to the term as generic.

The case is the latest between Apple and another company over the rights to use "App Store" and "Appstore." Apple owns the rights to both marks in Europe, but not the U.S., where its trademark application for App Store is pending approval. An effort by Microsoft, HTC, Nokia, and Sony Ericsson in May 2011 sought to invalidate Apple's trademarks in Europe.

The case is scheduled to go to trial this August.

(via Bloomberg)

About the author

Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.


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