Apple continues to pursue its App Store trademark fight against Amazon.com, alleging the digital retail giant of false advertising in an amended complaint filed Wednesday.
The Apple suit, originally filed in March 2011 following the launch of the Amazon Appstore for Android, contends that the App Store brand is synonymous with its iOS mobile platform. Apple maintains the App Store's public profile faces significant damage by association with the Amazon's Android storefront, which it claims provides fewer safeguards to protect consumers from malware and data security threats. Amazon responds that the words "App Store" are generic and claims Apple does not retain exclusive rights to them--in court filings, Amazon adds that Apple can't prove that consumers would confuse the two storefronts because Apple's sells applications optimized solely for the iPhone, iPad and other iOS-based devices.
But Apple's revised complaint argues Amazon falsely represented its new Kindle Fire tablet, de-emphasizing the "for Android" suffix while promoting its Appstore brand. "Amazon's use is also likely to lessen the goodwill associated with Apple's App Store service and Apple products designed to utilize Apple's App Store service by associating Apple's App Store service with the inferior qualities of Amazon's service," Apple claimed in the filing, which includes screenshots captured from the Amazon website.
In July, U.S. District Judge Phyllis Hamilton said she "probably" would deny the App Store motion, citing Apple's struggle to demonstrate "real evidence of actual confusion" among consumers. "I'm troubled by the showing that you've made so far, but that's where you're likely not to prevail at this early juncture," Hamilton said at the time, adding she would review court filings before making a final decision.
The Kindle Fire offers access to the Amazon Appstore for Android as well as the Kindle e-book catalog, Amazon Instant Video and Amazon MP3. It also touts Amazon Silk, a customized browser that interfaces with Amazon's EC2 cloud server to accelerate the data consumption experience. The Wi-Fi only tablet is perhaps most notable for its price: $199--less than half the price of Apple's cheapest iPad.
