Newsletters
News & Information for Technology Purchasers NewsFactor Sites:       NewsFactor.com     Enterprise Security Today     CRM Daily     Business Report     Sci-Tech Today  
   
Home Enterprise I.T. Cloud & Virtualization Applications Unified Communications More Topics...
Build Apps 5x Faster
For Half the Cost
Enterprise Cloud Computing

On Force.com
Mobile Tech
The best document scanner for you
Average Rating:
Rate this article:  
Amazon
Amazon's 'Appstore' Marketing Doesn't Imitate Apple, Judge Rules

By Adam Dickter
January 2, 2013 1:44PM

    Bookmark and Share
Judge Phyllis Hamilton granted Amazon's motion to toss Apple's claim that Appstore for Android was a false description, saying she found "no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store."
 



Chill out, Apple. Yours is not the only app store. That's the preliminary message an Oakland judge sent to the Cupertino, Calif.-based computer giant by tossing out a claim -- one of several in a lawsuit -- that online retail king Amazon Relevant Products/Services is deceiving the public by using the term.

It's the latest development in Apple vs. The World, as the company tries to litigate away the competition with a range of lawsuits.

Apple has been trying to keep the name App Store exclusive since July 17, 2008, when it filed an application to register "App Store" with the U.S. Patent and Trademark Office. Among those objecting were Microsoft Relevant Products/Services, which argued that the term is too generic.

Difficult Claim

Then Amazon in September 2010 started soliciting developers for its "Appstore Developer Program." The company now calls its marketplace "Amazon Appstore for Android."

Apple, noting that Amazon offered Android versions of many of the same app titles available for download for its iOS devices, asked the company to stop using that name, and after no substantial response, sued, according to court papers.

Apple accused Amazon of deception, namely false designation of origin and false description as well as dilution and unfair competition. The U.S. District Court in Northern California denied Apple's request for a preliminary injunction against Amazon's use of the term in July 2011.

The latest ruling applies only to the claim of false description, but could signal that Apple will have difficulty arguing that a store that sells apps Relevant Products/Services can't legally be called an app store.

The judge in the case, Phyllis Hamilton, granted Amazon's motion to toss this particular claim, saying Wednesday in an order that she found "no support for the proposition that Amazon has expressly or impliedly communicated that its Appstore for Android possesses the characteristics and qualities that the public has come to expect from the Apple APP Store and/or Apple products," according to Bloomberg News.

Apple's highest profile legal battle is with Samsung Electronics over patents for smartphones and tablets. It has also locked horns recently with HTC, eMachines, PsyStar computers and filed countersuits against Motorola, Nokia and others.

The highest profile lawsuit was against software Relevant Products/Services giant Microsoft and computer maker Hewlett-Packard Relevant Products/Services, claiming they ripped off aspects of Apple's graphic user interface. That case stretched from 1988 to 1997.

Apples to Apples

Apple has even sued New York City (known as the Big Apple) and the Victoria School of Business in Canada for using logos too similar to the distinctive, fruity emblem that adorns its products.

When it comes to the App Store, it's easy to see why the company is territorial: With more than a million offerings, it's a key driver of the iOS platform, popularized by the commercial phrase "There's an app for that."

"Apple's mammoth and high quality App Store is certainly a key differentiator to sell to and lock-in the existing as well as prospective iOS users," said Neil Shah, a wireless Relevant Products/Services-tech expert at Strategy Analytics.

"Apple revolutionized the native touch-friendly mobile Relevant Products/Services applications ecosystem by branding and popularizing its ecosystem as 'App Store.' Apple's contention over its coined App Store term is thus fairly emotional and basically a fight to protect Relevant Products/Services the attached mind share."
 

Tell Us What You Think
Comment:

Name:



Salesforce.com is the market and technology leader in Software-as-a-Service. Its award-winning CRM solution helps 82,400 customers worldwide manage and share business information over the Internet. Experience CRM success. Click here for a FREE 30-day trial.


 Mobile Tech
1.   iPhone Takes a Hit in Satisfaction
2.   Qualcomm Eyes Smartphone Growth
3.   Recharge Your Phone in 20 Seconds?
4.   Samsung Dangles $800,000 App Carrot
5.   MeeGo-Based Sailfish OS Launches


advertisement
Mandatory BYOD Is Catching OnMandatory BYOD Is Catching On
Will be required by many within 4 years.
Average Rating:
Thorsten Heins Predicts Tablet DemiseThorsten Heins Predicts Tablet Demise
BlackBerry PlayBook may color his view?
Average Rating:
Google Glass Raises Privacy ConcernsGoogle Glass Raises Privacy Concerns
House privacy panel wants answers.
Average Rating:


advertisement
Product Information and Resources for Technology You Can Use To Boost Your Business

Enterprise Hardware Spotlight
Dell Kills Its Public Cloud Effort, Will Offer Partner Marketplace
Putting the kibosh on its efforts to build out a public cloud, Dell has announced a new program to offer a choice of cloud Infrastructure-as-a-Service through a central marketplace of partners.
 
Dell's Dismal Quarter Shows PC Maker's Challenges
Dell's financial decay worsened during its latest quarter as the company slashed its personal computer prices in response to the growing popularity of smartphones and tablets in the beleaguered industry.
 
U.S. Defense Department Gives iOS 6 Security OK
In a vote of confidence for Apple's iOS devices, the Defense Department has given the all-clear for employees to use iPads and iPhones for work. But only those running iOS 6, and only if issued by the government.
 

Mobile Enterprise Spotlight
Consumer Satisfaction for iPhone Drops as Rivals Gain
Apple's iPhone has taken a favorability hit in the latest American Consumer Satisfaction Index, an annual survey of 70,000 consumers, while Samsung and Motorola put in strong gains.
 
Qualcomm CEO Eyes Smartphone Growth
With more than 6 billion mobile phones on the planet and population growth jumping in many corners of the world, Qualcomm CEO Paul Jacobs is sharing his thoughts on the future of the devices we love.
 
Teen Shows Battery-Charge Breakthrough at Intel Fair
Imagine being able to recharge your phone's battery in just seconds. If an invention recognized in Intel's International Science and Engineering Fair reaches the mass market, it could soon be possible.
 

Navigation
NewsFactor Network
Home/Top News | Enterprise I.T. | Cloud & Virtualization | Applications | Unified Communications | Mobile Tech | Hardware | Business Intelligence
World Wide Web | Network Security | Data Storage | Small Business | Microsoft/Windows | Apple/Mac | Linux/Open Source | Personal Tech
Press Releases
NewsFactor Network Enterprise I.T. Sites
NewsFactor Technology News | Enterprise Security Today | CRM Daily

NewsFactor Business and Innovation Sites
Sci-Tech Today | NewsFactor Business Report

NewsFactor Services
FreeNewsFeed | Free Newsletters | XML/RSS Feed

About NewsFactor Network | How To Contact Us | Article Reprints | Careers @ NewsFactor | Services for PR Pros | Top Tech Wire | How To Advertise

Privacy Policy | Terms of Service
© Copyright 2000-2013 NewsFactor Network. All rights reserved. Article rating technology by Blogowogo. Member of Accuserve Ad Network.