News by Andrew Kameka on Wednesday January 02, 2013.
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Amazon has successfully convinced a judge to dismiss Apple's false advertising claim against the company over the use of the term "Appstore." Apple filed suit against Amazon when the company launched its Amazon Appstore in 2011, alleging that the app market infringes on its trademark of the "App Store" and would lead to customer confusion.
Amazon requested that the case be dismissed in September on the grounds that the term "app store" has become generic and not associated with Apple's product. U.S. District Judge Phyllis Hamilton in California agreed and has dismissed the false advertising claim, but the trademark portion of the lawsuit will continue. That means Amazon not pay damages for allegedly misleading customers with the Amazon Appstore for Android branding, but Apple could still assert its trademark to prevent Amazon from using the name if it wins the remaining aspects of the cast. Hamilton put an end to the false advertisement claim by finding:
[There is] "no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products."
UPDATE: An original version of this post mistakenly said that the entire lawsuit had been dismissed. The post has been updated to reflect that only the false advertising claim was dismissed. source: Bloomberg
Andrew is MobileBurn.com's managing editor. He is based in Miami, Florida.