Amazon has won the battle against Apple over ‘app store’

Posted: January 4, 2013 in Advertising, Social Media
Tags: , , , , , ,

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Apple filed a lawsuit against Amazon for false advertising. Their claim was that Amazon was improperly using the App Store trademark to promote Amazon’s Android Appstore and misleading users by branding the Appstore for Android. On Tuesday, Jan. 1, 2013, Amazon won the battle over the term “app store.” According to U.S. District Court Judge Phyllis Hamilton, Apple did not provide enough evidence for their claim.

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Judge Hamilton wrote, “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 judge continued with, “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.”

However, this is only a part of the whole story, just one claim out of six that Apple has against the major online retailer. Apple’s complaint has been going on since March of 2011. The rest of the claims are in regards to trademark infringement and those claims have not been decided on yet.

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The Android Appstore began when Amazon started selling applications for the Kindle Fire and other devices running Google’s Android software. According to Apple, they filed many complaints to Amazon before taking legal action. They reached out three times, but Amazon did not respond. This led Apple to file the claim in the courts.

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