Apple, Inc. v. Amazon.com Inc.
United States District Court for the Northern District of California
915 F. Supp. 2d 1084 (2013)
- Written by Meagan Messina, JD
Facts
In July 2008, Apple, Inc. (Apple) (plaintiff) started selling applications, or “apps,” for mobile devices through its App Store service, and Apple applied to register the APP STORE mark with the United States Patent and Trademark Office. In 2010, Amazon.com Inc. (Amazon) (defendant) started developing its mobile-software-download service. Apple became aware of this service in 2011 when Amazon launched a developer portal in connection with the “Amazon Appstore Developer Program.” Apple demanded on three occasions that Amazon cease Amazon’s use of the APP STORE mark. Amazon launched the Amazon Appstore for Android in March 2011. Apple sued, alleging claims of trademark infringement, false designation of origin, false description, trademark dilution, false advertising, and unfair competition. Amazon moved for partial summary judgment regarding the cause of action for false advertising under the Lanham Act.
Rule of Law
Issue
Holding and Reasoning (Hamilton, J.)
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