You say App Store, I say Appstore, let's call the whole thing off

Apple has been dealt a setback in its efforts to hold on for dear life to the  term “App Store.”

A California judge on Wednesday issued a partial ruling against  Apple in its court battle against Amazon and the Seattle-based company’s  use of the term in marketing campaigns. Apple, which declined comment, cherishes its online App Store, probably as much as Amazon cherishes its Appstore.

And despite the fact that Amazon smooshes “app” and “store” together, perhaps in the hopes that  the Cupertino tech giant won’t notice, Apple went ahead and accused the Seattle-based online retailer with false advertising. Amazon countered: You don’t own it. It’s a generic term.

Apple, which first sued Amazon in 2011 over its use of the term, claims app store  belongs to them, even though its trademark application for the term remains pending in the United States. (Apple does own the European rights to both versions of the name.)

U.S. District Court Judge Phyllis Hamilton apparently doesn’t buy Apple’s argument, or at least this small slice of it.

In her order, Hamilton  granted Amazon’s motion for a summary judgment to remove a section of the complaint dealing with the false advertising claim.

The case is scheduled to go to trial in August.

Or, as Apple would say: Aug Ust

 

Patrick May Patrick May (257 Posts)

With more than 30 years on the front line of daily American journalism, I'm currently a staff writer with the San Jose Mercury News, covering Apple and writing people-centric business stories from Silicon Valley.