Amazon Wins Dismissal of Apple’s App Store False-Ad Claim

Amazon.com Inc. won dismissal of Apple’s claim that the online retailer’s use of the term “app store” for Android device software is false advertising.

U.S. District Judge Phyllis Hamilton in Oakland, Calif., today granted Amazon’s request to throw out one claim in Apple’s lawsuit alleging trademark infringement and unfair competition over the Amazon Appstore for Android, a service begun in March that sells applications for the Kindle Fire and devices running Google Inc.’s Android software.

Apple is seeking a court order to block Amazon from using the term. Amazon has argued the words are a generic term that Apple doesn’t have exclusive rights to use. A trial is scheduled for Aug. 19.

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