Problem: Case Study Apple
Apple products (iPads, iPhones, iPods) use the term APP STORE. Amazon launched an Appstore for viewing and downloading applications to Android devices (such as the Kindle Fire). Apple claimed that Amazon's use of the word "Appstore" constituted false advertising and trademark infringement-that Amazon's use of "Appstore" misled the public into thinking that Amazon's Appstore is affiliated with Apple and offers the same content.
A federal district court determined that consumers were not deceived by the two vendors' use of the same term. There was no evidence that consumers understood "app store" to include specific qualities, characteristics, or attributes or were otherwise misled by the use of the term.
• What is required to establish that an ad, or the use of a certain term, as in this case, constitutes false advertising?
• Amazon filed a motion for summary judgment. Summary judgment is appropriate when there is no genuine dispute as to any material fact. What is a material fact? What indicates that a dispute over a material fact is genuine?
The response must include a reference list. Using Times New Roman 12 pnt font, double-space, one-inch margins, and APA style of writing and citations.