Amazon will continue to have an “App Store” and Apple can’t do anything about it… for now.
Having previously endeavored to block the online retailer’s usage of that expression, Amazon can now claim victory over its app store rival.
Reuters confirmed Wednesday that a U.S. judge has “rejected part of Apple Inc.’s lawsuit against Amazon.com Inc.’s use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.”
U.S. District Judge Phyllis Hamilton granted Amazon’s motion for partial summary judgment, “which only challenged Apple’s false advertising allegations.” In other words, Amazon won a battle… but a war remains to be fought. Apple is still going after Amazon for “trademark infringement.”
For the time being, however, Amazon will likely take the first victory in the showdown as a positive sign.
“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,” Hamilton wrote in her judgement.
Do you agree with the outcome?