The Freeland File
Aerospace & Defense
Global Market Data
Lucy P. Marcus
The Great Debate
Macro & Markets
Lipper Awards 2012
Personal Finance Video
Counterparties: Today's Best Links
Let the robots take our jobs
In Wired, Kevin Kelly argues that an increasingly automated world of robotic technology won't be the job-killer many fear. Read more at Counterparties
Economic theory hates the fiscal cliff deal
Tech's hot new market: the poor
Get Counterparties by email!
Justin Bieber calls paparazzo death tragic, urges action
Bigger fights loom after "fiscal cliff" deal
Lawyer behind Newtown claim says meant to prevent future attacks
Gun purchasers set new record in December: FBI
Analysis: In era of gridlock, Congress "created a monster"
Americans blame Republicans more than Democrats for ”fiscal cliff”: Reuters/Ipsos poll
”Fiscal cliff” tumble looms despite Senate efforts
French court rejects 75 percent millionaires’ tax
Our day's top images, in-depth photo essays and offbeat slices of life. See the best of Reuters photography. See more | Photo caption
Hugh Hefner's girlfriends
Hugh Hefner marries Crystal Harris, his one-time "runaway bride" who followed through this time. Slideshow
Kanye and Kim
Kanye West and Kim Kardashian are expecting a child. Slideshow
Judge rejects part of Apple App Store suit vs Amazon
Apple testing new iPhone, iOS 7: report
Apple to drop patent claims against new Samsung phone
Fri, Dec 28 2012
Apple loses another copyright lawsuit in China: Xinhua
Fri, Dec 28 2012
Patent agency rejects Apple "pinch-to-zoom" patent in initial ruling
Thu, Dec 20 2012
ITC judge sides with Apple against Google on phone patent
Tue, Dec 18 2012
Analysis & Opinion
Three tech predictions for 2013
MBS investors’ trade group moves to counter adverse put-back rulings
Investing and Taxes Simplified »
Techquity: Amazon win over Apple; More Facebook friends
A zoomed illustration image of a man looking at a computer monitor showing the logo of Amazon is seen in Vienna November 26, 2012.
Credit: Reuters/Leonhard Foeger
By Dan Levine
SAN FRANCISCO |
Wed Jan 2, 2013 2:26pm EST
SAN FRANCISCO (Reuters) - A U.S. judge on Wednesday rejected part of Apple Inc's lawsuit against Amazon.com Inc's use of the term App Store, ruling Apple cannot bring a false advertising claim against the online retailer.
U.S. District Judge Phyllis Hamilton in Oakland, California, granted Amazon's motion for partial summary judgment, which only challenged Apple's false advertising allegations. Apple leveled other claims against Amazon, including trademark infringement.
An Apple spokeswoman declined to comment, and an Amazon representative could not be reached immediately.
Amazon has stepped up competition against Apple in recent years, launching its cheaper Kindle tablet computer to go after the dominant iPad and trying to lure mobile application developers to its Kindle platform.
One of the first public clashes in their tussle was Apple's 2011 lawsuit.
Apple accused Amazon of misusing what it calls its APP STORE to solicit developers for a mobile software download service. However, Amazon said its so-called Appstore has become so generic that its use could not constitute false advertising.
In a legal filing last year, Amazon added that even Apple Chief Executive Tim Cook and his predecessor, Steve Jobs, used the term to discuss rivals. Cook commented on "the number of app stores out there" and Jobs referred to the "four app stores on Android."
In her ruling on Wednesday, Hamilton wrote that the mere use of "Appstore" by Amazon cannot be taken as a representation that its service is the same as Apple's.
"Apple has failed to establish that Amazon made any false statement (express or implied) of fact that actually deceived or had the tendency to deceive a substantial segment of its audience," Hamilton wrote.
A trial on Apple's remaining claims is scheduled for August.
The case is Apple Inc v. Amazon.com Inc et al, U.S. District Court, Northern District of California, No. 11-01327.
(Additional reporting by Alistair Barr in San Francisco; Editing by Tim Dobbyn and Jeffrey Benkoe)
Investing and Taxes Simplified
Related Quotes and News
We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/
Back to top
New York Legal
Support & Contact
Connect with Reuters
Our Flagship financial information platform incorporating Reuters Insider
An ultra-low latency infrastructure for electronic trading and data distribution
A connected approach to governance, risk and compliance
Our next generation legal research platform
Our global tax workstation
About Thomson Reuters
Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.
NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.