A California judge today sided with Amazon and its attempt to toss out claims by Apple about false advertising in a lawsuit involving the use of "app store" in marketing materials.
In an order today, U.S. District Court Judge Phyllis Hamilton granted Amazon's motion for a summary judgment to remove a part of the complaint that involved false advertising claims against it.
Apple sued Amazon in April 2011, accusing the online retail giant of misappropriating the "App Store" moniker, a name it attempted to trademark in 2008 following the launch of the App Store for iPhone. The complaint was later amended to include claims of false advertising, with Apple saying that Amazon had changed its "Amazon Appstore" naming convention to distance ties to Google's Android in ads for its tablet. Amazon fired back by referring to the term as generic.
The case is the latest between Apple and another company over the rights to use "App Store" and "Appstore." Apple owns the rights to both marks in Europe, but not the U.S., where its trademark application for App Store is pending approval. An effort by Microsoft, HTC, Nokia, and Sony Ericsson in May 2011 sought to invalidate Apple's trademarks in Europe.
The case is scheduled to go to trial this August.