Question

1) What is the issue the Court is being asked to decide in this opinion?

Amazon, INC. filed a motion for partial summary judgement to dismiss the case without a trial on October 31, 2012. In this case, Apple INC., the plaintiff, is alleging that Amazon.com, Inc., the defendant, has been using the term “APP STORE” improperly in connection with sales of apps for Android devices and its Kindle Fire tablet computers.

2) What is the legal rule or rules the court must utilize/apply to address the issue?

The legal standard involved is that a party may move for summary judgement on a “claim or defense” or “part of a claim or defense.” Amazon is seeking summary judgement as to the fifth cause of action for false advertising under the Lanham Act. The fifth cause for action states the plaintiff has been or is likely to be injured as a result of the false statement, either by direct diversion of sales from itself to defendant or by a lessening of the goodwill associated with its products

3) Describe briefly how the court analyzed the issue under the applicable rule or rules?

The court followed the applicable burden of proof rules in order to properly sequence/designate the appropriate moving or nonmoving party responsible for pleadings and discovery responses. Responsibility for burden of proof is the responsibility of the moving party at the onset of the motion to dismiss. Once lack of evidence for false advertising was demonstrated by Amazon, burden of proof then rotated to Apple.

4) What was the court's conclusion on the issue?

Apple INC. was unable to produce any evidence to support their case, even though the Lanham Act does not require an “explicit statement of fact.” Apple did not conduct market research or consumer surveys or provide any other evidence sufficient enough to constitute false advertising. Amazon’s motion for summary judgement as to the fifth cause of action for false advertising was GRANTED.

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Answer 1

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1- As we all know that legal issue means the question of law to be answered. In this case, i think legal issue should be" Did Amazon really use the Term " App Store" improperly to reduce the image of Apple Brand".This question court has to answer to make final decision.

2- I agree with the court's application of Legal rule called Lanham act because this is the legal doctrine which help companies to get protection from unfair and misleading activities of competitors.This law help to set a platform where healthy competition is promoted and unfair and illegal competition is prohibited.

3- Burden of Proof is definitely necessary in this case because if Apple wants to prove their allegations on Amazon then it must provide evidence and facts which would help Court to analyze that issue is valid and Apple did really suffer the damage by Amazon. If there is lack of evidence from side of Plaintiff Apple then defendant will win in light of lack of evidence.

4-I agree with Court's decision as there is lack of evidence from side of Apple Inc so automatically court's decision will be in favor of Amazon. There is no proof that Amazon was involved in false and misleading advertising and damaging image of Apple.