Judge Rejects False Advertising Claim Against Amazon

Karma168

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Nov 7, 2010
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Zombie_Moogle said:
Did it? The Galaxy still outsold the iPhone, last time I looked into it

Plus this: http://www.escapistmagazine.com/news/view/118570-Court-Orders-Apple-to-Publicly-Eat-Samsungs-Crow
I doubt they've got enough of a boost to take the lead again but I'd imagine if you look at sales figures for that time Apple got a boost from people thinking that Samsung was just an apple rip off and choosing to buy Apple instead.
 

Olas

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Dec 24, 2011
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Now every time I bite into the fruit I'm worried Apple might try to sue me for stealing their logo.

 

Suave Charlie

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Sep 23, 2009
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Gearhead mk2 said:
...weren't Apple the guys that tied to copyright the letter i?
I thought that they had copyright on "i" followed by up to 5 letters, ie iphone pad pod etc. Which I guess is a pretty large part of their branding.
 

Sonic Doctor

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Jan 9, 2010
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OlasDAlmighty said:
Now every time I bite into the fruit I'm worried Apple might try to sue me for stealing their logo.

I'm expecting Apple to start suing apple producing companies, claiming that the produce companies need to stop putting the word "Apple" on the bags so that Apple users don't end up buying bags of apples, thinking that they are buying Apple's latest electronic gizmo.

Because with all lawsuits Apple is filing claiming that other companies are doing things that confuse the consumers, and hurts Apple sales, they must think their consumer base is that stupid.

Though, I honestly wonder about people that buy Apple products anyway.

Seriously, if Apple is so worried about sales, they might want to think about making their prices reasonable or at least making products that are actually worth paying double the prices of the competitor.
 

Sonic Doctor

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Jan 9, 2010
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PoolCleaningRobot said:
Can we have some kind of "Cry Wolf" law so that Apple will stop suing everyone?
I say we suspend Apple's right to sue, for five years, then we will see how much damage that does to them. I'm willing to bet none, but secretly hope that it would cripple them and put them out of business.
 

Something Amyss

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Dec 3, 2008
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Covarr said:
Skeleon said:
nor a trademark!
Here's a list of Apple's Trademarks [http://www.apple.com/legal/trademark/appletmlist.html], which does include App Store℠... however, the fact that they're using the ℠ symbol instead of ® suggests that it's not a registered service mark, and it may not hold any legal weight.

P.S. Thanks
They've filed with the United States Patent and Trademark Office. Their claim has been opposed, and may not ever become a valid mark. Even then, patents and trademarks can be revoked or challenged after the fact.

Anywhere, there's the basic info.

Skeleon said:
Ah, interesting. I'll be honest, I thought their trademark was for "Apple App Store". But that makes you wonder: Could they even get something as basic as "App Store" as a registered trademark? Considering the court's decision, I'm guessing no...
Yes and no. They can file for it for sure, but in the end, it comes down to the fallibility of the humans who judge these things. In other words, there's no definitive answer. However, cases like the one listed (the ruling on false advertising) do offer up a ray of common sense in the often dark world of litigation.

Plus, even if they did win it, there's already an argument for ubiquity, which weakens any trademark. Trademark erosion can lead to the loss of legal protection, such as with the "Thermos."
 

Something Amyss

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Dec 3, 2008
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PoolCleaningRobot said:
Can we have some kind of "Cry Wolf" law so that Apple will stop suing everyone?
Zer0Saber said:
we need some kind of frivolous lawsuit regulations.
We already do to some extent. Step one would actually be enforcing them, because no number of laws matter if they're not enforced.

Amazon is one of the few companies in a position to actually strike back against Apple, which would make it nice if they pushed for it. I doubt we'll see much action unless we have someone large on our side. Unfortunately, I don't see Amazon actually championing it.