03 / January 2013
Round one of the “appstore” controversy goes to Amazon (and Microsoft … and Google … )
Yesterday, in a victory for common sense, the US District Court for the Northern District of California found that Amazon’s use of the term “appstore” in conjunction with sales of non-Apple devices did not constitute false advertising.
Still pending is Apple’s assertion that Amazon’s use of “appstore” constitutes trademark infringement, false designation of origin and false description under Section 43(a) of the Lanham Act, and dilution under Section 43(c).
Also still on hold is Microsoft’s opposition hearing to Apple’s “App Store” trademark application, as the Trademark Trials and Appeals Board (TTAB) awaits all of the results of the Apple v. Amazon litigation.