U.S. District Judge Phyllis Hamilton dismissed Apple’s complaint as it related to false advertising. Her Jan. 2 decision also suggests that Apple’s other claims may not succeed.
As a result, the name cannot be a false statement about those qualities either.
While “app” is the first syllable in Apple, the word actually refers to applications. Apps are the term for any downloadable content for a mobile device, regardless of platform.
That certainly makes Apple’s claim more difficult to prove, although the company has been using the term “App Store” to refer to its online marketplace since 2008.
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