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    • Apple Inc. v. Amazon.Com Inc.

    Jan. 19, 2013
    Verdicts and settlements
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    Intellectual Property
    Trademark Infringement
    False Advertising

    Apple Inc. v. Amazon.Com Inc.

    Published: Jan. 19, 2013 | Result Date: Jan. 2, 2013 | Filing Date: Jan. 1, 1900 |
    Case number: 4:11-cv-01327-PJH Summary Judgment –  Dismissal in Part

    Court

    USDC Northern


    Attorneys

    Plaintiff

    David R. Eberhart
    (O'Melveny & Myers LLP)

    David J. Sepanik


    Defendant

    Daniel B. Asimow
    (Arnold & Porter Kaye Scholer LLP)

    Martin R. Glick
    (Arnold & Porter Kaye Scholer LLP)


    Facts

    Apple filed both trademark and false advertising claims against Amazon for use of the Appstore term in its offering of apps for Android Devices. Amazon moved for summary judgment on Apple's false advertising claim.

    Result

    The Court granted Amazon summary judgment on the false advertising claim, finding that Apple failed to present sufficient evidence, such as market research or a consumer survey, that Amazon's use of the name Appstore constituted a false statement of fact or caused consumers to believe that Amazon's online store would have the same characteristics as Apple's App store.


    #124362

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