California - A federal judge on Wednesday rejected Apple's
claim of false advertising for Amazon.com to refer to its online shop for
mobile gadget applications as an "app store."
"Apple has failed to establish that Amazon made any
false statement of fact that actually deceived or had the tendency to deceive a
substantial segment of its audience," US District Judge Phyllis Hamilton
said in her ruling.
"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 in 2008 launched its App Store, which is stocked with
mini-programs for iPhones, iPads, and iPod touch devices.
Amazon in late 2011 opened its "Appstore," which
sells applications tailored for Android-powered mobile devices for the Seattle,
Washington-based retail giant's Kindle Fire tablets.
Apple sued Amazon, claiming its rival was engaging in false
advertising as well as trademark infringement.
US officials are still considering Apple's application to
trademark the term "App Store," but that did not deter the company
from pressing its case in Hamilton's courtroom in the California city of
Software titan Microsoft is among the companies that have
weighed in against letting the Cupertino, California, company have a trademark
giving it the exclusive right to call a mobile applications market an "app
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