Apple accuses Amazon of false advertising
Expands lawsuit over use of Appstore name to include new allegations
By Ben Camm-Jones | Macworld UK | Published 10:08, 20 November 11
Cnet reports that Apple has updated its lawsuit accusing Amazon of trademark infringement over the use of the term 'appstore' to include the claims of false advertising.
Apple was denied a preliminary injunction against Amazon back in July over the use of the term by a court in California. The judge in the case set a trial date for October next year.
Apple originally objected to Amazon's use of the term 'appstore' in March 2011, saying it infringed a trademark it had held since 2008, though Amazon brought a counter-complaint the following month, claiming that the term was too generic to trademark.
The amended complaint adds accusations of false advertising relating to the Amazon Kindle Fire, which was launched in the US this week.
Amazon announced the Kindle Fire in September and Apple contends that Amazon's original 'Amazon Appstore for Android' name has become simply 'Amazon Appstore' in advertising since the announcement.
"Amazon’s use of Apple’s APP STORE mark constitutes a false designation of origin and/or a false or misleading description or representation of fact that is likely to cause confusion, to cause mistake, or to deceive as to (a) the affiliation, connection, or association of Amazon with Apple and/or (b) the origin, sponsorship, or approval of Amazon’s goods, services, or commercial activities by Apple. For example, consumers of mobile software downloads are likely to be confused as to whether Amazon’s mobile software download service is sponsored or approved by Apple or is merely a conduit for Apple’s APP STORE service," the complaint reads.
"Amazon’s wrongful activities have caused Apple irreparable injury. Apple is informed and believes that unless said conduct is enjoined by this Court, Amazon will continue and expand those activities to the continued and irreparable injury of Apple. This injury includes a reduction in the distinctiveness of Apple’s APP STORE mark and injury to Apple’s reputation that cannot be remedied through damages, and Apple has no adequate remedy at law."
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