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Apple accuses Amazon of false advertising

Expands lawsuit over use of Appstore name to include new allegations

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Apple has accused Amazon of false advertising in an amended trademark complaint against the online retail giant.

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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Guest said: Ah yes Apple A maker of grossly overpriced junk Also a company that did more to kill off the music industry than any other It is only a matter of time before this rotten company gets its comeuppance One really useful tool added to some other competing communications product that Apple cant steal awayought to do it

Upset Voter said: Next Apple issuinga common red fruit for stealing their trademark name Anyone who refers to this fruit by their name or makes a pie with the fruit and refers to the name is supposed to kiss the dirty feet of all thearrogantApple executives and worship them since they are godsTheir next trademark suit after that is for the letter I whichdescribesall of their productsJust remember that they alreadyclaimedthat every box with a black bezel around a screen if infringing on their patent Everyone who ever had a TV or computer that fit that description owes them as well

Upset Voter said: OPS That android app does not work well on my iphone and it is all apples fault LOL OMG what idiocy I hope they did not use the word is in their complaint since it is a trademark of Bill Clinton andaccordingto him the definition of the word isambiguous

Top Scientist said: Who is eBay Oh right -- that company thats worth less than half of what Amazon is and which has nothing going on in cloud computing mobile or anything else interesting

Top Scientist said: And that would be funny why precisely Companies use each others products all time time Some Amazon employees are issued Mac laptops

Matty said: Apple got screwed one time by not protecting their copyrights properly I understand their behavior Apple will be at the top for a long time coming Nobody can touch their profits at this point

Sam said: HeadDeskReally another lawsuit from Apple Amazon Android

Bearshield said: I find this really funny since Apple is using Amazon Web Services in the cloud to support their iCloud services along with Microsoft Azure Cloud Services and the Apple Data Center in North Carolina Seehttpwwwtheregistercouk2

Jeffrey Fay said: I agree however its a heck of a lot more specific than appstore

Jeffrey Fay said: Apple knows no bounds Why not innovate instead oflitigateAppleis done at the top all this litigation is a sign of the end for Apple Nowhere to go now but down

PA said: Dont let your personal frustration color your judgment of consumer products that function and function well Your arguments dont hold one second in a court of law Now go back to your mundane life

Tim Holst said: This lawsuit is just as frivolous as the Edge Games vs Edge Magazine or Zenimax vs Mojang lawsuits Everyone wants to copyright everyday words Soon people will not be able to use a word without being sued

NewGawker said: Oh he wasnt nice to you

Vicky P said: I care about Amazon for the consumer reviews They are valuable

Gary Ansorge said: Actually Apple is the second largestin terms of market capitalization ExxonMobile is the largestand yes the biggest kid on the block IS subject to the crap clingers At one time that was Micro-soft mainly because their productssoftware WERE crap No one has ever had much success making such a claim about Apple products mainly because both Steve Jobs and the people working for Apple preferred to make certain their products were as close to perfect as a mere mortal could make them BEFORE releasing them to the publicone should note however that it is impossible to make something idiot proof because Idiots are so damn ingenious

God said: I immediately thought of that when I read the article

Freethinker said: Gee apple playing martyr Biggest kid on the block getting beaten up by the other big kid on the block Hard to feel sorry for either of them

Peickelberg said: Poor Apple The largest company in the world turns victim

Guest said: Right on

Jasenka Petrujkic said: Intent of trademarks is to avoid consumer confusion and thus ease growth of commerce The spirit of this is rarely enforced in practice as legal bills are paid to moat market share for competitors and achieve monopoly and margin control read higher priceTo say that app store was being trademarked in order to reduce confusion of shoppers to find an app ispreposterous trademark office just went its usual lazy way and accepted the application without questioning itIf two consumers talk to each other and one says I got this cool game at the app store and you should play this game its great the second person knows exactly what that means not because he heard app store as a unique identifier of Apples app store where he should go get this game but because this cool game is what hes searching for In the age we live in hell google this cool game When he does find one of several and starts cycling thru them the key to getting the app will be the recognition of his platform not of his store app store is just a footnote in the user manual of the platforms that need it it does not in and of itself resolve the confusion In order to reduce it it should have a unique name the way Target is differentiated from Walmart not a generic general store nameThe emphasis ought to be on app not app store as well as platform as consumers are benefiting from apps on the platform the store is one of multiple modes of facilitation and to the extent it provides a differentiated experience it needs a unique rather than a generic nameSo Im with Amazon on this one

Apple accuses Amazon of false advertising

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