More news from the legal front-lines, this time regarding Apple’s claim that Amazon’s use of the term “Appstore” constitutes false advertising.
Having originally tried to sue Amazon over the use of the name Appstore, Apple recently threw another lawsuit onto the pile by claiming that the company is also guilty of false advertising. Not false advertising in the sense of misselling items to consumers, no no. Apple claimed that by using the term Appstore in their titles, Amazon had caused irreparable harm to Apple’s own App Store brand.
Apple seems to be implying that by using the term Appstore, users may misconstrue that the two stores are somehow related. This is obviously pretty ridiculous when you take into account that the two stores are available on two totally separate platforms.
Fortunately the courts have seen through this nonsense as well. They stated that Apple had failed to show that Amazon deceived customers using the Appstore for Android. The court also noted that:
“the mere use of ‘Appstore’… 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.”
Regrettably this isn’t the end of the lawsuit, as the court still has to decide whether or not using Appstore for Android in advertising constitutes a trademark infringement against Apple. Personally I think this is an equally ludicrous claim, surely it amounts to using the term clothing store or shoe shop to describe your business on the high street.
I certainly don’t envy any judge having to sit through these never ending claims and counter-claims.
Do think there is any validity to Apple’s claims?