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