Wins Victory On Apple’s False Advertising “App Store” Claim

Posted Jan 7, 2013

Apple filed a lawsuit against over the trademark “App Store.”’s application store is called the “Appstore for Android.”  U.S. District Judge Phyllis Hamilton had rejected Apple’s claim of false advertising against  “Apple has failed to establish that Amazon made any false statement of fact that actually deceived or had the tendency to deceive a substantial segment of its audience,” stated Judge Hamilton.

The judge said that the use of the word “Appstore” by for showcasing apps cannot be construed as a representation that the “nature, characteristics, or quality of the Amazon Appstore is the same as that of the Apple App Store.”

Apple launched their “App Store” in 2008 and launched their “Appstore for Android” launched in 2011.  In that same year, Apple launched a trademark infringement and unfair competition lawsuit against  The judge ruled only on’s request to eliminate the false advertising claim filed by Apple against  The full trial on the case will be heard starting August 19, 2013.