Amazon Defeats Apple’s False Advertising Claim in “App Store” Lawsuit
On January 2, 2013, the United States District Court for the Northern District of California rejected Apple, Inc.’s claim that Amazon.com, Inc.’s decision to name its marketplace for selling applications (“apps”) the “Amazon Appstore” was false advertising. The decision constituted a significant win for Amazon in its long-running dispute with Apple over Amazon’s right to
California Appellate Court Upholds Amazon’s Anti-Counterfeiting Measures
On August 22, 2012, the California Court of Appeal validated Amazon.com, Inc.’s (“Amazon”) efforts to police counterfeit goods sold by third-parties on its website in Tre Milano, LLC v. Amazon.com, Inc., No. BC460511 (Cal. App.2d 2012). At issue was whether Amazon could be held liable under direct and contributory trademark infringement theories for counterfeit
Louboutin v. Yves Saint Laurent: The High Stakes High Heels
On September 5, 2012, the United States Court of Appeals for the Second Circuit, in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., No. 11-3303 (2d Cir. 2012), held that a single color can be used as a trademark in the fashion industry. The highly anticipated ruling is a significant victory for the